LAWS OF KENYA
The Occupational Safety and Health Act
No. 15 of 2007
Revised Edition 2010 (2007)
Published by the National Council for Law Reporting
with the Authority of the Attorney General
www.kenyalaw.org
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THE OCCUPATIONAL SAFETY AND HEALTH ACT
No. 15 of 2007
ARRANGEMENT OF SECTIONS
Part I—Preliminary
Section
1—Short title.
2—Interpretation.
3—Application of Act.
4—Approval of codes of practice by Director.
5—Use of approved codes of practice in criminal proceedings.
Part II—General Duties
6—Duties of occupiers.
7—Duty to prepare a safety and health policy statement.
8—Discrimination against employee etc.
9—Safety and health committees.
10—Duty not to charge employees for things done or provided.
11—Safety and health audits.
12—Duties of self employed persons.
13—Duties of employees.
14—Duty to report any dangerous situation.
15—Duty not to interfere with or misuse things provided pursuant
to certain provisions.
16—prohibition against creation of hazards.
17—General duties of occupier and self-employed to persons other
than their employees.
18—Duties of an occupier of a place of work to persons other than
his employees.
19—General duty of persons in control of certain premises in
relation to harmful emissions into atmosphere.
20—Duties of designers, manufacturers importers etc with regard
to articles and substances for use at work.
21—Notice of accidents and dangerous occurrences.
22—Notification of occupational diseases.
Part III—Administration
23—The Director.
24—Research and related activities.
25—Collection of occupation safety and health statistics.
26—Appointment of occupational safety and health officers.
27—Establishment of the National Council for Occupational Safety
and Health.
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Section
28—Membership of the Council.
29—Annual report.
30—Technical advisory committee.
31—Functions of the technical advisory committee.
Part IV—Enforcement
32—Powers of an occupational safety and health officer.
33—Power of an occupational safety and health officer to conduct
proceedings.
34—Power to take samples.
35—Power to deal with cause of imminent danger.
36—Improvement notices.
37—Prohibition notices.
38—Appeal against improvement or prohibition notice.
39—Provisions on prohibition notices and improvement notices.
40—Occupational safety and health officer not to disclose
information or source of complaints.
41—Indemnity of occupational safety and health officers.
42—Safety and health advisor.
Part V—Registration of Workplaces
43—Register of workplaces.
44—Registration of workplaces.
45—Exceptions to registration.
46—Appeals.
Part VI—Health General Provisions
47—Cleanliness.
48—Overcrowding.
49—Ventilation.
50—Lighting.
51—Drainage of floors.
52—Sanitary conveniences.
53—Enforcement of section 52 by local authorities.
54—Duty of occupational safety and health officer as to sanitary
defects remediable by local authority.
Part VII—Machinery Safety
55—Safe use of plant, machinery and equipment.
56—Prime movers.
57—Transmission machinery.
58—Other machinery.
59—Hand held and portable power tools and equipments.
60—Construction and maintenance of fencing.
61—Construction and disposal of new machinery.
62—Self acting machines.
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Section
63—Hoists and lifts.
64—Chains, ropes and lifting tackle.
65—Cranes and other lifting machines.
66—Register of chains, ropes and lifting tackle and lifting machines.
67—Steam boilers.
68—Steam receivers and steam containers.
69—Air receivers.
70—Cylinders for compressed, liquefied and dissolved gases.
71—Refrigeration plants.
72—Examination and testing of plants.
Part VIII—Safety General Provisions
73—Vessels containing dangerous liquids.
74—Storage.
75—Ladders.
76—Ergonomics at the workplace.
77—Safe means of access and safe place of employment.
78—Fire prevention.
79—Precautions in places where dangerous fumes likely.
80—Precautions with respect to explosive or inflammable dust
or gas.
81—Safety provisions in case of fire.
82—Evacuation procedures.
Part IX—Chemical Safety
83—The handling, transportation and disposal of chemicals and
other hazardous substances materials.
84—Material safety data sheets.
85—Labelling and marking.
86—Classification of hazardous chemicals and substances.
87—Corrosive substances.
88—Exposure limits to hazardous substances.
89—Control of air pollution, noise and vibration.
90—Redeployment on medical advice.
Part X—Welfare General Provisions
91—Supply of drinking water.
92—Washing facilities.
93—Accommodation for clothing.
94—Facilities for sitting.
95—First-aid.
Part XI—Health, Safety and Welfare-Special Provisions
96—Permit to work.
97—Work processes which may harm persons below eighteen years.
98—Supervision of apprentices and indentured learners.
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Section
99—Training and supervision of inexperienced workers.
100—Meals in certain dangerous trades.
101—Protective clothing and appliances.
102—Protection of eyes in certain processes.
103—Medical surveillance.
Part XII—Special Applications
104—Premises where part of building is separate workplace.
105—Premises in which steam boilers are used.
106—Premises in which hoists or lifts are used.
107—Platforms erected over water.
Part XIII—Offences, Penalties and Legal Proceedings
108—Offences.
109—General penalty.
110—Court may order cause of contravention to be remedied.
111—Penalty in case of death or injury.
112—Forgery, false declaration etc.
113—Penalty on persons committing offence for which occupier
is liable.
114—Exemption of occupier or owner on conviction of actual
offender.
115—Proceedings against persons other than occupiers or owners.
116—Prosecution of offences.
117—Special provisions as to evidence.
118—Service of documents.
119—Power to modify agreements.
120—Power to apportion expenses.
Part XIV—Miscellaneous Provisions
121—Posting of abstract of Act, rules and notices.
122—General registers.
123—Preservation of registers and records.
124—Return of persons employed.
125—Approval of plans of workplace premises.
126—Occupational Safety and Health Fund.
127—Safety and Health Regulations.
128—Power to direct formal investigation of accidents and cases
of disease.
129—Repeal and savings.
Schedules
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THE OCCUPATIONAL SAFETY AND HEALTH ACT
No. 15 of 2007
Date of Assent: 22nd October, 2001
Date of Commencement: 26th October, 2007
AN ACT of Parliament to provide for the safety, health and welfare of
workers and all persons lawfully present at workplaces, to provide
for the establishment of the National Council for Occupational Safety
and Health and for connected purposes ENACTED by the Parliament of Kenya as follows—
Part I—preliminary
Short title. Interpretation. 1. This Act may be cited as the Occupational Safety and Health
Act, 2007.
2. In this Act, unless the context otherwise requires—
“air pollution” means air contaminated by substances whatever
their physical state, which are harmful to health or otherwise dangerous;
“article for use at work” means—
(a) any plant designed for use or operation (whether exclusively
or not) by persons at a workplace; and
(b) any article designed for use as a component in such plant.
“biological monitoring” means a planned programme of periodic
collection and analysis of body fluid, tissues, excreta or exhaled air
in order to detect and quantify the exposure to or absorption of any
substance or organism by persons;
“bodily injury” includes injury to health;
“class or description” in relation to workplaces, includes a group
of workplaces described by reference to a locality;
“code of practice” includes a standard, a specification and any
other documentary form of practical guidance;
“competent person” in relation to any duty or function, means a
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person who has adequate training, relevant qualifications and experience
to enable him to perform that duty or function;
“court” means a magistrate’s court;
“Council” means the National Council for Occupational Safety
and Health established under section 27;
“Director” means the Director of Occupational Safety and Health
Services appointed under section 23;
“driving belt” includes any driving strap or rope;
“employee” means a person who works under a contract of
employment and related expressions shall be construed accordingly;
“exposure” means the amount of a workplace agent that has
reached an individual worker (external dose) or has been absorbed into
the individual worker (absorbed dose);
“fume” includes gas or vapour;
“general register” means the register kept in a workplace as
required under section 122;
“highly flammable liquid” means any liquid, liquid solution,
emulsion or suspension which gives off a flammable vapour at a
temperature of less than 32 degrees centigrade;
“improvement notice” means a notice issued under section 36
of this Act;
“machinery” means any article or combination of articles
assembled, arranged or connected and which is used or intended to be
used for converting any form of energy to performing work, or which
is used or intended to be used, whether incidental thereto or not, for
developing, receiving, storing, containing, confining, transforming,
transmitting, transferring or controlling any form of energy;
“maintained” means maintained in an efficient state, in an efficient
working order and in good repair;
“major hazard installation” means an installation—
(a) where more than the prescribed quantity of any substance
is or may be kept, whether permanently or temporarily; or
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(b) where any substance is produced, processed, used, handled
or stored in such a form that it has the potential to cause a
major incident.
“major incident” means an occurrence of catastrophic proportions
resulting from the use of plant or machinery or from activities at a
workplace;
“medical surveillance” means a planned programme of periodic
examination, which may include clinical examinations, biological
monitoring or medical tests of persons employed by a designated health
practitioner or by an occupational medical practitioner;
“Minister” means the minister for the time being responsible for
labour matters;
“noise” means all sound energy, which can result in hearing
impairment or be harmful to health or otherwise dangerous;
“occupational hygiene” means the anticipation, recognition,
evaluation, monitoring and control of conditions arising in or from the
workplace, which may cause illness or adverse health effects to persons;
“occupational safety and health officer” means any officer
appointed under section 26 and includes the Director appointed under
section 23;
“occupier” means the person or persons in actual occupation of
a workplace, whether as the owner or not and includes an employer;
“owner” means the person for the time being receiving the rents
or profits of premises whether on his own account or as agent or trustee
of another person, or who would receive the rents and profits if the
premises were leased;
“plant” includes any equipment, gear, machinery, apparatus or
appliance or any part thereof;
“premises” includes any place and, in particular includes—
(a) any vehicle, vessel aircraft or hovercraft;
(b) any installation on land including the foreshore and land
intermittently covered by water, any offshore installation or
any other installation whether floating, or resting on seabed
or the subsoil thereof, or resting on other land covered with
water or the subsoil thereof;
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(c) any tent or movable structure.
“prime mover” means every engine, motor or other appliance
which provides mechanical energy derived from steam, water, wind,
electricity, the combustion of fuel or other source;
“process” includes the use of any locomotive;
“prohibition notice” means a notice issued under section 37;
“risk” means the probability of occurrence of an adverse effect
from a substance on people or the environment combined with the
magnitude of the consequence of that adverse effect;
“safety and health advisor” means any person who holds a
minimum qualification of a certificate in occupational safety and health
from a recognised institution and has at least five years proven practical
experience in that field;
“sanitary conveniences” includes urinals, water-closets, earthclosets, privies, ash pits and any similar convenience;
“self-employed person” means an individual who works for gain
or reward otherwise than under a contract of employment, whether or
not he employs others;
“steam boiler” means any closed vessel in which for any purpose,
steam is generated under pressure greater than atmospheric pressure,
and includes any economizer used to heat water being fed to any such
vessel, and any superheated used for heating steam;
“substance” means any natural or artificial matter or material
whether in solid or liquid form or in the form of a gas or vapour;
“supplier” means a person who provides articles or substances by
way of sale, lease, hire or hire-purchase, whether as principal or agent;
“transmission machinery” means every shaft, wheel, drum,
pulley, system of fast and loose pulleys, coupling, clutch, driving-belt
or other devices by which the motion of a prime mover is transmitted
to or received by any machine or appliance;
“user” in relation to plant or machinery, means the person who
uses plant or machinery for his own benefit or who has the right of
control over the use of plant or machinery, but does not include a leaser
of, or any person employed in connection with, that plant or machinery;
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“vibration” means mechanical energy transmitted to a person’s
body from a source of oscillations and is harmful to health or otherwise
dangerous;
“workplace” includes, any land, premises, location, vessel or thing,
at, in, upon, or near which, a worker is, in the course of employment;
“workroom” means any room or cubicle in which work is done
by persons employed;
Application of Act. 3. (1) This Act shall apply to all workplaces where any person is
at work, whether temporarily or permanently.
(2) The purpose of this Act is to—
(a) secure the safety, health and welfare of persons at work; and
(b) protect persons other than persons at work against risks to
safety and health arising out of, or in connection with, the
activities of persons at work.
Approval of codes of
practice by Director. 4. (1) For the purpose of providing practical guidance with respect
to any provision of this Act and of safety and health regulations, the
Director shall, in consultation with the council, approve and issue codes
of practice which are in his opinion suitable for that purpose.
(2) The Director shall, in consultation with the Council, from time
to time, revise the whole or any part of any code of practice prepared
by him in pursuance of this section.
(3) The Director may, in consultation with the Council, withdraw
a code of practice approved or issued under subsection (1).
(4) Where the Director has approved, issued or withdrawn a
code of practice under this section, the Director shall publish a notice
in the Gazette.
Use of approved
codes of practice in
criminal proceedings.
5. (1) Failure on the part of any person to observe any provision
of an approved code of practice shall not render that person liable
to any civil or criminal proceedings; but where in any criminal
proceedings a party is alleged to have committed an offence by reason
of a contravention of any requirement or prohibition imposed by an
approved code of practice, the provisions of subsection (2) shall have
effect with respect to that code in relation to those proceedings.
(2) Any provision of the code of practice which appears to the
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court to be relevant to the requirement or prohibition alleged to have
been contravened shall be admissible in evidence in the proceedings;
and if it is proved that there was at any material time a failure to observe
any provision of the code which appears to the court to be relevant to
any matter which it is necessary for the prosecution to prove in order to
establish a contravention of that requirement or prohibition, that matter
shall be taken as proved unless the court is satisfied that the requirement
or prohibition was in respect of that matter complied with otherwise
than by way of observance of that provision of the code.
(3) In any criminal proceedings—
(a) a document purporting to be a notice issued by the Director
under section 4 shall be taken to be such a notice unless the
contrary is proved; and
(b) a code of practice, which appears to the court to be the
subject of such a notice, shall be taken to be the subject of
that notice unless the contrary is proved.
Part II—General Duties
6. (1) Every occupier shall ensure the safety, health and welfare Duties of occupiers. at work of all persons working in his workplace.
(2) Without prejudice to the generality of an occupier’s duty under
subsection (1), the duty of the occupier includes—
(a) the provision and maintenance of plant and systems and
procedures of work that are safe and without risks to health;
(b) arrangements for ensuring safety and absence of risks to
health in connection with the use, handling, storage and
transport of articles and substances;
(c) the provision of such information, instruction, training and
supervision as is necessary to ensure the safety and health
at work of every person employed;
(d) the maintenance of any workplace under the occupier’s
control, in a condition that is safe and without risks to health
and the provision and maintenance of means of access to and
egress from it that are safe and without such risks to health;
(e) the provision and maintenance of a working environment for
every person employed that is, safe, without risks to health,
and adequate as regards facilities and arrangements for the
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employees welfare at work;
(f) informing all persons employed of—
(i) any risks from new technologies; and
(ii) imminent danger; and
(g) ensuring that every person employed participates in the
application and review of safety and health measures.
(3) Every occupier shall carry out appropriate risk assessments in
relation to the safety and health of persons employed and, on the basis
of these results, adopt preventive and protective measures to ensure that
under all conditions of their intended use, all chemicals, machinery,
equipment, tools and process under the control of the occupier are safe
and without risk to health and comply with the requirements of safety
and health provisions in this Act.
(4) Every occupier shall send a copy of a report of risk assessment
carried out under this section to the area occupational safety and health
officer;
(5) Every occupier shall take immediate steps to stop any
operation or activity where there is an imminent and serious danger to
safety and health and to evacuate all persons employed as appropriate.
(6) It is the duty of every occupier to register his workplace unless
such workplace is excepted from registration under this Act.
(7) An occupier who fails to comply with a duty imposed on him
under this section commits an offence and shall on conviction be liable to
a fine not exceeding five hundred thousand shillings or to imprisonment
for a term not exceeding six months or to both.
Duty to prepare a
safety and health
policy statement. 7. (1) Except in such cases as may be prescribed, it is the duty
of every occupier to—
(a) prepare and, as often as may be appropriate, revise a written
statement of his general policy with respect to the safety
and health at work of his employees and the organisation
and arrangements for the time being in force for carrying
out that policy; and
(b) to bring the statement and any revision of it to the notice of
all of his employees.
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(2) The Minister may make regulations to provide for the contents
of a general statement of safety and health and obligations to a person
implementing the policy.
(3) It shall be an offence for a person on whom a duty is imposed
under this section to fail to carry out such a duty.
8. (1) An occupier shall not dismiss a employee, injure the Discrimination
employee or discriminate against or disadvantage a employee in respect against employee etc. of the employee’s employment, or alter the employee’s position to the
detriment of the employee by reason only that the employee—
(a) makes a complaint about a matter which the employee
considers is not safe or is a risk to his health;
(b) is a member of a safety and health committee established
pursuant to this Act; or
(c) exercises any of his functions as a member of the safety
and health committee.
(2) An occupier who contravenes the provisions of this section
commits an offence and shall, on conviction, be liable to a fine not
exceeding one hundred thousand shillings or to imprisonment for a
term not exceeding three months or to both.
(3) Notwithstanding any written law to the contrary, where a
person is convicted of an offence under this section the court may, in
addition to imposing a penalty on the offender make one or both of the
following orders—
(a) an order that the offender pays within a specific period to
the person against whom the offender has discriminated such
damages as the court deems fit to compensate that person; or
(b) an order that the employee be reinstated or reemployed in
his former position or, where that position is not available,
in a similar position.
9. (1) Every occupier shall establish a safety and health committee Safety and health
at the workplace in accordance with regulations prescribed by the committees. Minister if—
(a) there are twenty or more persons employed at the workplace;
or
(b) the Director directs the establishment of such a committee
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at any other workplace.
(2) The Minister may make regulations to provide for the
organisation, functions and activities of the safety and health
committees, including the election of safety representatives, their rights
and duties, and for the training of the members of the safety and health
committees and the safety and health representatives.
(3) An occupier shall not penalise an employee who is a member
of a work place safety and health committee for doing anything in
furtherance of the object of this section.
(4) An occupier who contravenes the provisions of subsection
(1) commits an offence.
Duty not to charge
employees for things
done or provided. 10. (1) An employer shall not make any deduction from an
employee’s remuneration or levy, or permit to be levied on any of
his employees any charge in respect of anything done or provided in
pursuance of this Act or any regulation made there under.
(2) An employer who contravenes the provisions of subsection
(1) commits an offence.
Safety and health
audits. 11. (1) The occupier of a workplace shall cause a thorough safety
and health audit of his workplace to be carried out at least once in every
period of twelve months by a safety and health advisor, who shall issue
a report of such an audit containing the prescribed particulars to the
occupier on payment of a prescribed fee and shall send a copy of the
report to the Director.
(2) The audit report referred to in subsection (1) shall be preserved
and be kept available for inspection by the occupational safety and
health officer.
(3) An occupier who fails to comply with a duty imposed on him
under this section commits an offence and shall on conviction be liable to
a fine not exceeding five hundred thousand shillings or to imprisonment
for a term not exceeding six months or to both.
Duties of self
employed persons. 12. (1) Every self employed person shall—
(a) take all necessary precautions to ensure his own safety and
health and that of any other person in his workplace or within
the environs of his workplace;
(b) at all times use appropriate safe systems of work, preventive
and control measures and where not feasible, use suitable
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personal protective appliances and clothing required under
this Act;
(c) comply with any safety and health rules, regulations
instructions and procedures issued under this Act;
(d) report to the Director—
(i) any situation which he has reason to believe would present imminent danger or hazard and which he cannot
correct, and
(ii) any incident or injury that arises in the course of or in
connection with his work, as required under this Act.
(2) A self employed person who contravenes the provisions of
this section commits an offence.
13. (1) Every employee shall, while at the workplace—
(a) ensure his own safety and health and that of other persons
who may be affected by his acts or omissions at the
workplace;
(b) co-operate with his employer or any other person in the
discharge of any duty or requirement imposed on the
employer or that other person by this Act or any regulation
made hereunder;
(c) at all times wear or use any protective equipment or clothing
provided by the employer for the purpose of preventing risks
to his safety and health;
(d) comply with the safety and health procedures, requirements
and instructions given by a person having authority over him
for his own or any other person’s safety;
(e) report to the supervisor, any situation which he has reason to
believe would present a hazard and which he cannot correct;
(f) report to his supervisor any accident or injury that arises in
the course of or in connection with his work; and
(g) with regard to any duty or requirement imposed on his
employer or any other person by or under any other relevant
statutory provision, co-operate with the employer or other
person to enable that duty or requirement to be performed
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or complied with.
(2) A employee who contravenes the provisions of this section
commits an offence and shall, on conviction, be liable to a fine not
exceeding fifty thousand shillings or to imprisonment for a term not
exceeding three months or to both.
Duty to report any
dangerous situation. 14. (1) Every employee shall report to the immediate supervisor
any situation which the employee has reasonable grounds to believe
presents an imminent or serious danger to the safety or health of that
employee or of other employee in the same premises, and until the
occupier has taken remedial action, if necessary, the occupier shall not
require the employee to return to a work place where there is continuing
imminent or serious danger to safety or health.
(2) An employee who has left a work place, which the employee
has reasonable justification to believe presents imminent and serious
danger to life and health shall not be dismissed, discriminated against
or disadvantaged for such action by the employer.
(3) It shall be an offence for a person on whom a duty is imposed
under this section to fail to carry out that duty.
Duty not to interfere
with or misuse things
provided pursuant to
certain provisions. 15. A person who wilfully interferes with or misuses any means,
appliance, convenience or other thing provided or done in the interests
of safety, health and welfare in pursuance of this Act commits an offence
and shall, on conviction, be liable to a fine not exceeding one hundred
thousand shillings or to imprisonment for a term not exceeding three
months or to both.
Prohibition against
creation of hazards. 16. (1) No person shall engage in any improper activity or
behaviour at the workplace, which might create or constitute a hazard
to that person or any other person.
(2) For purposes of this section, improper activity or behaviour
includes boisterous play, scuffling, fighting, practical jokes, unnecessary
running or jumping or similar conduct.
General duties of
occupier and
self-employed to
persons other than
their employees. 17. (1) Every occupier shall conduct his undertaking in such a
manner as to ensure, that a person who is not his employee who may
be affected thereby is not exposed to risks to safety or health.
(2) Every self-employed person shall conduct his undertaking
in such a way as to ensure that he and any other person who is not
his employee who may be affected thereby is not exposed to risks to
safety or health.
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(3) It shall be the duty of every employer and every self employed
person to give relevant safety and health information to every person,
not being his employee who may be affected by the manner in which
the employer or the self employed person conducts his undertaking, on
such aspects of the way he conducts his business as may affect safety
or health.
(4) It shall be an offence for a person on whom a duty is imposed
under this section to fail to carry out such a duty.
18. (1) An occupier of non-domestic premises which have been
made available to persons, not being his employees, as a place of
work, or as a place where the employee s may use a plant or substance
provided for their use there, shall take such measures as are practicable
to ensure that the premises, all means of access thereto and egress
therefrom available for use by persons using the premises, and any
plant or substance in the premises provided for use there, are safe and
without risks to health.
Duties of an occupier
of a place of work to
persons other than his
employees. (2) A person who has, by virtue of a contract, lease or otherwise,
an obligation of any extent in relation to the—
(a) maintenance or repair of a place of work or any means of
access thereto or egress there from; or
(b) prevention of risks to safety and health that may arise
from the use of any plant or substance in the place of work,
shall for the purpose of subsection (1), be deemed to have
control of the matters to which his obligation extends.
(3) It shall be an offence for a person on whom a duty is imposed
under this section to fail to carry out such a duty.
19. (1) An occupier of any premises likely to emit, poisonous, General duty of
harmful, injurious or offensive substances, into the atmosphere shall persons in control of
certain premises in
use the best practicable means to—
(a) prevent such emissions into the atmosphere; and
(b) render harmless and inoffensive the substances which may
be emitted.
(2) The reference in subsection (1) to the means to be used for
the purpose of that section includes a reference to the—
(a) manner in which the plant provided for those purposes is
used; and
relation to harmful
emissions into
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(b) supervision of any operation involving the emission of
substances to which that subsection applies.
(3) An occupier who contravenes the provisions of this section
commits an offence.
Duties of designers,
manufacturers
importers etc with
regard to articles and
substances for use at
work. 20. (1) A person who designs, manufactures, imports or supplies
any article for use at work shall—
(a) ensure, that the article is so designed and constructed as
to be safe and without risks to health when properly used;
(b) carry out, or arrange for the carrying out of such testing and
examination as may be necessary to ensure that the article is
safe and without risk to health when properly used;
(c) take such steps as are necessary to ensure that there is
available, in connection with the use of the article at work,
adequate information about the use for which it is designed
and has been tested, and about any conditions necessary to
ensure that, when put to that use, it will be safe and without
risks to health.
(2) A person who designs or manufactures any article for use at
work shall carry out or arrange for the carrying out of any necessary
research to identify, eliminate or minimise any risks to safety or health
to which the design or article may give rise.
(3) A person who erects or installs any article for use at work in
any premises where that article is to be used by a worker shall ensure,
that the way in which the article is erected or installed makes it safe and
it not a risk to the safety and health of the worker when properly used.
(4) A person who manufactures, imports or supplies any substance
for use at work shall—
(a) ensure, that the substance is safe and without risks to health
when properly used;
(b) carry out or arrange for the carrying out of such testing and
examination as may be necessary to ensure that the substance
is safe and without risk to health when properly used;
(c) take such steps as are necessary to ensure that there is
available, in connection with the use of the substance at work
adequate information about the results of any relevant tests
Rev. 2010]
Occupational Safety and Health
No. 15
which have been carried out on or in connection with the
substance and about any conditions necessary to ensure that
it will be safe and without risks to health when properly used.
(5) A person who manufactures any substance for use at work shall
carry out or arrange for the carrying out of any necessary research to
discover and, so far as is reasonably practicable, to identify, eliminate
or minimise any risks to safety or health to which the substance may
give rise.
(6) Nothing in this section shall be taken to require a person to
repeat any test, examination or research which has been carried out
otherwise than by him or at his instance, in so far as it is reasonable
for him to rely on the results thereof for the purposes of this section.
(7) A duty imposed on any person by this section shall extend only
to things done in the course of a trade, business or other undertaking
carried on by him whether for profit or not, and to matters within his
control.
(8) Where a person designs, manufactures, imports an article
for, or supplies an article to another person on the basis of a written
undertaking by that other person to take specified steps sufficient to
ensure, so far as is reasonably practicable, that the article will be safe
and without risks to health when properly used, the undertaking shall
have the effect of relieving the first-mentioned person from the duty
imposed by subsection (1) (a) to such extent as is reasonable having
regard to the terms of the undertaking.
(9) Where a person (“the ostensible supplier”) supplies any
article for use at work or substance for use at work to another person
(“the customer”) under a hire-purchase agreement, conditional, sale
agreement or credit-sale agreement, and the ostensible supplier—
(a) carries on the business of financing the acquisition of goods
by others by means of such agreements; and
(b) in the course of that business, acquired his interest in the
article or substance supplied to the customer as a means of
financing its acquisition by the customer from a third person
(“the effective supplier”), the effective supplier and not the ostensible supplier shall be treated
for the purposes of this section as supplying the article or substance to
the customer, and any duty imposed by this section on a supplier shall
be imposed on the effective supplier and not on the ostensible supplier.
(10) For purposes of this section, an article or substance is not
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to be regarded as properly used where it is used without regard to any
relevant information or advice relating to its use which has been made
available by a person by whom it was designed, manufactured, imported
or supplied.
(11) A person who fails to carry out a duty imposed by this
section commits an offence and shall on conviction be liable to a fine
not exceeding two hundred thousand shillings or to imprisonment for
a term not exceeding six months or to both.
Notice of accidents
and dangerous
occurrences. 21. (1) An employer or self-employed person shall notify the
area occupational safety and health officer of any accident, dangerous
occurrence, or occupational poisoning which has occurred at the
workplace.
(2) Where an accident in a workplace, causes the death of a person
therein, the employer or self employed person shall—
(a) inform the area occupational safety and health officer within
twenty-four hours of the occurrence of the accident; and
(b) send a written notice of the accident in the prescribed form
to the area occupational safety and health officer within seven
days of the occurrence of the accident.
(3) Where an accident in a workplace causes non-fatal injuries to
a person therein, the employer shall send to the area occupational safety
and health officer, a written notice of the accident in the prescribed form
within seven days of the occurrence of the accident.
(4) In the case of death due to a workplace accident, non-fatal
injuries arising from a workplace accident, an occupational disease or
a dangerous occurrence at the workplace, involving a self-employed
person incapable of submitting notification, such notification shall
be submitted to the area occupational safety and health officer by the
occupier.
(5) An employer shall cause all workplace injuries to be entered
in the general register specified in section 122.
(6) Where a person injured in an accident dies after the accident
is notified under this section, the employer shall send a notice of the
death in writing, to the area occupational safety and health officer as
soon as he is informed of the death.
(7) Where an accident to which this section applies occurs to
an employee and the occupier of the workplace is not the employer
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Occupational Safety and Health
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21
of the person injured or killed, the employer of that employee, shall,
immediately report the accident to the occupier or, the Director and the
area occupational safety and health officer.
(8) The provisions of this section shall extend and apply to the
dangerous occurrences specified in the First Schedule.
(9) The Minister may, on the advice of the Council, by notice in
the Gazette amend the First Schedule.
(10) A person who fails to notify an accident or a dangerous
occurrence as required under this section commits an offence and shall
on conviction be liable to a fine not exceeding two hundred thousand
shillings or to imprisonment for a term not exceeding six months or
to both.
22. (1) A medical practitioner attending a patient who he believes Notification of
to be suffering from any disease specified in the Second Schedule, occupational
contracted in any workplace, shall within seven days of attending diseases. the patient unless such a notice has been previously sent, send to the
Director, a notice stating the name and full postal address of the patient,
the disease from which, in the opinion of the medical practitioner, the
patient is suffering, and the name and address of the workplace in which
the patient was last employed.
(2) A medical practitioner who fails to send a notice in as required
by subsection (1), commits an offence and shall on conviction be liable
to a fine not exceeding fifty thousand shillings.
(3) An occupier shall send a written notice of any disease, specified
in the Second Schedule, occurring in a workplace to the Director and
the provisions of section 21 with respect to the notification of accidents
shall mutatis mutandis apply to any notification of diseases.
(4) The Minister may, by rules apply the provisions of this section
to all workplaces or any class or description of workplace to any disease
other not specified in the Second Schedule.
Part III—Administration
23. (1) There shall be a Director of Occupational Safety and Health
Services who shall be responsible for the administration of this Act.
(2) The Director shall be—
(a) an ex officio member of the Council but shall have no right
to vote; and
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(b) the secretary of the Council.
(3) The Director shall ensure adequate consultations on proposed
occupational safety and health standards regulations, and codes of
practice.
(4) The Director shall—
(a) develop a five year strategic plan for improving occupational
safety and health; and
(b) ensure that the plan specified in paragraph(a) meets the
existing and future needs of industry and the community.
(5) The Director may, after consultation with the technical
advisory committee established under section 30, issue a certificate of
approval to a competent person to carry out—
(a) examination and testing of plants and equipments;
(b) medical examination of employees;
(c) medical surveillance on the health of persons employed;
(d) safety and health audits of workplaces; or
(e) any other function necessary under Act.
(6) A certificate of approval issued under this section shall be
renewed annually.
(7) The Director may at any time revoke a certificate of approval
issued under subsection (5).
(8) The Director—
(a) shall promote education and training in occupational safety
and health;
(b) shall collect and disseminate information on occupational
safety and health;
(c) shall promote occupational safety and health in all
workplaces and in the community to encourage a safety and
health culture in workplaces;
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Occupational Safety and Health
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23
(d) may conduct training for enterprises, self employed persons,
individuals and occupational safety and health officers;
(e) may after consultation with the technical advisory
committee, approve in writing training institutions providing
occupational safety and health training.
(9) A notice or certificate issued by the Director under this section
may be issued for a limited period and may be varied or revoked by
the Director.
24. (1) The Director shall conduct directly or in collaboration Research and related
with other persons or bodies, research, experiments and demonstrations activities. relating to occupational safety and health, including studies of
psychological factors involved, and relating to innovative methods,
techniques and approaches of dealing with occupational safety and
health problems.
(2) The Director shall develop specific plans for such research,
demonstration, and experiments as are necessary to produce criteria,
including criteria for identifying toxic substances, for the formulation
of safety and health standards under this act; and the Director on the
basis of such research, demonstration, and experiments, or any other
information available to him, shall develop and publish the criteria
necessary for the purposes of this Act.
(3) The Director shall develop criteria to deal with toxic material
and harmful physical substances and agents which shall describe
exposure levels that are safe for various periods of employment,
including, but not limited to the exposure level, at which no employee
will suffer impaired health, functional capacities or diminished life
expectancy as a result of his work experience.
(4) The Director shall conduct special research, experiments,
and demonstrations relating to occupational safety and health as are
necessary to explore new problems including those created by new
technology in occupational safety and health, which may require
ameliorative action beyond that which is otherwise provided for in this
Act and shall also conduct research into the motivational and behavioural
factors relating to the field of occupational safety and health.
(5) In order to develop needed information regarding potentially
toxic substances or harmful physical agents, the Director, may with the
approval of the Minister, prescribe regulations requiring employers to
measure, record, and make reports on the exposure of employees to
substances or physical agents which may endanger the health or safety of
employees and may by such regulations, establish such programmes of
medical examinations and tests as may be necessary for determining the
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[Rev. 2010
incidence of occupational illnesses and the susceptibility of employees
to such illness.
(6) The Director shall establish a safety and health institute to
be known as the Occupational Safety and Health Institute to undertake
research into all aspects of safety and health and to conduct safety and
health skills training for occupational safety and health officers and
other persons.
Collection, of
occupation safety and
health statistics. 25. In order to further the purposes of this Act, the Director shall
develop and maintain an effective programme of collection, compilation
and analysis of occupational safety and health statistics which shall cover
work injuries and illnesses including all disabling, serious, or significant
injuries and illnesses, whether or not involving loss of time from work,
other than minor injuries requiring only first aid treatment and which
do not involve medical treatment, loss of consciousness, restriction of
work or motion, or transfer to another job.
Appointment of
occupational safety
and health officers. 26. (1) There shall be such senior deputy directors, deputy
directors, assistant directors and occupational safety and health officers
and such other officers as may be necessary, for the purposes of this Act.
(2) No person shall be appointed under subsection (1) unless
that person is the holder of a degree in science, medicine, engineering,
chemistry, physics, biochemistry, nursing, zoology, computer science,
occupational safety and health or industrial hygiene;
(3) Notice of the appointment of an occupational safety and health
officer shall be published in the Gazette.
(4) The Director shall issue to every officer appointed under
this section a certificate of authorization, which shall be produced on
demand to the occupier or any person in charge of a workplace, which
the officer intends to enter pursuant to this Act.
Establishment of the
National Council for
Occupational Safety
and Health. 27. (1) There shall be a National Council for Occupational Safety
and Health which shall advise the Minister on—
(a) the formulation and development of national occupational
safety and health, policy framework;
(b) legislative proposals on occupational safety and health,
including ways and means to give effect to International
Labour Organization Conventions, and other international
conventions and instruments relating to occupational safety,
health, compensation and rehabilitation services;
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Occupational Safety and Health
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25
(c) strategic means of promoting the best practices in
occupational safety and health.
(d) the establishment, maintenance and development of a safety
and health preventative culture;
(e)reviewing the of provisions of this Act, rules and regulations,
standards, industry codes of practice;
(f) the statistical analysis of work related deaths and injuries; and
(g) such other matters affecting occupational safety, health, as
it considers desirable in the interest of improving the quality
of working life in Kenya.
(2) Without limiting subsection (1), the Director may advise the
Council on the formulation and publication of standards, specifications
or other forms of guidance for the purpose of assisting employers,
employees and other users to maintain appropriate standards of
occupational health and safety.
(3) The Council shall, at the request of the Minister and may of
its own motion, investigate and make recommendations to the Minister
on any matter connected with the safety and health of persons at work.
(4) The Council may—
(a) establish committees in respect of different industries for
the purpose of assisting the Council to perform its functions
in relation to industry codes of practice; and
(b) establish such other committees as it deems necessary for
the purpose of assisting the Council to perform its functions.
(5) A committee shall consist of such number of persons as may
be appointed by the Council from among its members.
(6) The Council shall consider recommendations made to it by
any one of its committees or any other person.
(7) The Council shall perform such other functions as the Minister
may, from time to time assign to it.
28. (1) The Council shall consist of a chairman and the members Membership of the
specified in subsection (2) who shall be appointed by the Minister by Council. notice in the Gazette.
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(2) The members of the Council shall be—
(a) one representative from each of the following ministries—
(i) health;
(ii) agriculture;
(iii) livestock development;
(iv) industry;
(v) water development;
(vi) local authorities; and
(vii) education;
(b) one representative from each of the following organisations
and Government departments—
(i) the Government Chemist;
(ii) the Kenya Bureau of Standards;
(iii) the Central Bureau of Statistics;
(iv) the Commissioner of Insurance;
(v) the Association of Kenya Insurers;
(vi) the public universities;
(vii) the National Environmental Management Authority;
(viii) the National Council for Science and Technology;
(ix) the most representative employers organisation;
(x) the most representative workers’ organisation;
(xi) the Kenya Occupational Safety and Health
Association, and
(c) three persons with relevant qualifications and experience
in occupational safety and health who shall not be public
officers.
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Occupational Safety and Health
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27
(3) The chairman of the Council shall be a person who has
demonstrated ability to manage occupational safety and health at the
policy level or enterprise level.
(4) In appointing a person as a member the Minister may consider
the person’s practical experience, and competence, in the management
of occupational safety and health or related field.
(5) The Council may co-opt any number of persons with expert
knowledge and experience whose assistance or advice it may require,
but a person so co-opted shall not vote in a meeting of the Council or
be counted as a member thereof for purposes of forming a quorum.
(6) The provisions of the Third Schedule shall apply to the
members of the Council.
(7) The Minister shall with the approval of Treasury determine
the allowances of the members of the Council.
29. As soon as practical, but within three months after the end of Annual Report. each financial year, the Council shall prepare and give to the Minister
a report on the Council’s operations for the year.
30. (1) The Director may from time to time constitute a technical Technical advisory
advisory committee.
committee. (2) A technical advisory committee shall consist of the Director
as chairman and not less than five other members from relevant
occupational safety and health disciplines.
31. (1) A technical advisory committee shall—
(a) approve persons for purposes of this Act;
(b) approve institutions or firms to carry out laboratory tests
and analysis of substances and articles for use at workplaces;
(c) approve training syllabi to be used by organizations,
institutions, firms or consultants offering occupational safety
and health courses;
(d) ensure professional ethics of all approved persons and
institutions;
(e) formulate and publish standards and specifications or other
forms of guidance for the purpose of assisting employers,
Functions of the
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[Rev. 2010
employees and other users to maintain adequate standards
of occupational safety and health at the workplace;
(f) promote education and training in occupational safety and
health;
(g) collect and disseminate information on occupational safety
and health; and
(h) carryout any other activity relating to occupational safety
and health;
(2) The Minister shall, with approval of the Treasury determine
the allowances for the members of the committee.
Part IV—Enforcement
Powers of an
occupational safety
and health officer. 32. (1) An occupational safety and health officer shall, for the
purpose of the execution of this Act, have power to do all or any of the
following things—
(a) to enter, inspect and examine, by day or by night, a
workplace, and every part thereof, when he has reasonable
cause to believe that any person is employed therein, and
to enter, inspect and examine, by day, any place which he
has reasonable cause to believe to be a workplace and any
part of any building of which a workplace forms part and
in which he has reasonable cause to believe that explosive,
highly inflammable or any other hazardous materials are
stored or used:
Provided that—
(i) an occupational safety and health officer shall, whenever
it is practicable so to do and will not in his opinion defeat
the object of his inspection, notify the occupier or some
other person in authority at a workplace of his arrival at
the workplace for the purpose of inspecting it;
(ii) when an occupational safety and health officer has
inspected a workplace without having first given the
notification referred to in paragraph (i) of this proviso,
he shall, within a reasonable time after such inspection,
inform the occupier and the Director in writing of the
reason why no notification was given;
(b) with regard to any place of work which he has power to enter,
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Occupational Safety and Health
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to direct that those premises or any part of them or anything
therein, shall be left undisturbed (whether generally or in
particular respects) for so long as is reasonably necessary for
the purposes of any examination or investigation;
(c) to take such measurements and photographs and making
such recordings as he may consider necessary for the
purposes of any examinations or investigation under this Act;
(d) to develop and print photographs of scenes of occupational
accidents;
(e) take and remove samples of any articles or substances found
at any place of work which he has power to enter and of
the atmosphere in or in the vicinity of such a place of work
subject to the employer being notified of any sample so taken;
(f) to take with him a police officer if he has reasonable cause
to apprehend any serious obstruction in the execution of
his duty;
(g) to require the production of the registers, certificates, notices
and documents kept in pursuance of this Act and to inspect,
examine and copy any of them;
(h) to make such examination and inquiry as may be necessary
to ascertain whether the provisions of this Act, and of the
enactments for the time being is force relating to public
health, are complied with, so far as respects a workplace
and any persons employed in a workplace;
(i) to require any person whom he finds in a workplace to give
such information as it is in his power to give as to who is
the occupier of the workplace;
(j) to examine, either alone or in the presence of any other
person, as he thinks fit, with respect to matters under this
Act, every person whom he finds in a workplace, or whom he
has reasonable cause to believe to be or to have been within
the preceding six months employed in a workplace, and to
require every such person to be so examined and to sign a
declaration of the truth of the matters respecting which he
is so examined; so, however, that no one shall be required
under this provision to answer any question or to give any
evidence tending to incriminate himself;
(k) in the case of an occupational safety and health officer
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who is a medical practitioner, to carry out such medical
examinations as may be necessary for the purposes of his
duties under this Act; and
(l) to exercise such other powers as may be necessary for the
purposes of this Act.
(2) The occupier of every workplace, and his agents and servants,
shall furnish the means required by an occupational safety and health
officer as necessary for an entry, inspection, examination or inquiry, or
the taking of samples, or otherwise for the exercise of his powers, under
this Act in relation to that workplace.
(3) An occupational safety and health officer shall in the case of
any article found in any premises which he has power to enter, being an
article or substance which appears to him to have caused or is likely to
cause danger to safety or health, cause it to be dismantled or subjected
to any process or test but not to damage or destroy it unless this is in
the circumstances necessary.
(4) In the case of any article or substance specified in subsection
(3) an occupational safety and health officer may take possession of
it and detain it for so long as is necessary for any of the following
purposes—
(a) to examine it and do to it any thing which he has power to
do under this Act;
(b) to ensure that it is not tampered with before his examination
of it is completed; and
(c) to ensure that it is available for evidence in any proceedings
for an offence under this Act; and
(d) to summon in writing any person whom he has reasonable
cause to believe to be able to give any information relevant
to any inspection, examination or investigation, to attend at
a time and place specified and to give such information or
to produce any relevant document.
(5) No person shall, in relation to any investigation or inquiry
under this Act—
(a) without reasonable justification fail to comply with a lawful
summon, request or order issued or given by an occupational
safety and health officer.
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Occupational Safety and Health
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(b) refuse or fail to answer to the best of his knowledge any
question lawfully put to him by or with the concurrence of
an occupational safety and health officer.
Provided that no person shall be obliged to answer any question
whereby he may incriminate himself;
(c) in any manner whatsoever advise, encourage incite order
or persuade any person who has been directed summoned,
requested or ordered to do something by an occupational
safety and health officer not to comply with such direction,
summons, request order or in any manner prevent him from
doing so;
(d) refuse or fail when required thereto by an occupational
safety and health officer to furnish him with the means or to
render him the necessary assistance for holding such inquiry;
(e) refuse or fail, when required thereto by an occupational
safety and health officer to attend an inquiry; or
(f) intentionally insult the occupational safety and health officer
or intentionally interrupt the proceedings thereof with a view
to defeat the purpose of investigation, inspection or inquiries.
(6) If any person willfully delays an occupational safety and health
officer in the exercise of any power under this section, or fails to comply
with the requisition of an occupational safety and health officer in
pursuance of this section or to produce any register, certificate, notice or
document which he is required by or in pursuance of this Act to produce,
or willfully withholds any information as to who is the occupier of any
workplace, or conceals or prevents, or attempts to conceal or prevent,
or attempts to conceal or prevent, a person from appearing before or
being examined by an occupational safety and health officer, that person
shall be deemed to obstruct an occupational safety and health officer in
execution of his duties under this Act.
(7) Where an occupational safety and health officer is obstructed
in the execution of his powers or duties under this Act, the person
obstructing him commits an offence and shall on conviction be liable to
a fine not exceeding one hundred thousand shillings or to imprisonment
for a term not exceeding six months; or to both
(8) An occupier of a workplace where an occupational safety and
health officer is so obstructed shall be deemed to have committed the
offence specified in subsection (7).
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33. (1) An occupational safety and health officer may, although he
is not an advocate, prosecute, conduct or defend before a magistrate’s
court any charge, information, complaint or other proceeding arising
under this Act, or in the discharge of his duty as occupational safety
and health officer.
(2) It shall not be an objection to the competency of an
occupational safety and health officer to give evidence as a witness in
any prosecution for an offence under this Act that the prosecution is
brought at his instances or conducted by him.
Power to take
samples. 34. (1) An occupational safety and health officer may at any
time, after informing the occupier or, if the occupier is not readily
available, a foreman or other responsible person in the workplace,
take for analysis sufficient samples of any substance used or intended
to be used in a workplace, being a substance in respect of which he
suspects a contravention of any rule made under this Part, or which he
thinks may prove on analysis to be likely to cause bodily injury to the
persons employed.
(2) The occupier, the manager or other responsible person may, at
the time when a sample is taken under this section, and on providing the
necessary appliances, require the occupational safety and health officer
to divide the same into three parts, and to mark and seal or fasten up
each part in such manner as its nature permits, and—
(a) to deliver one part to the occupier, or the manager or other
responsible person aforesaid;
(b) to retain one part for future comparison;
(c) to submit one part to the analyst, and
any analysis under this section shall, if so required, be carried out by the
Government Chemist or a laboratory approved by the director.
(3) A certificate purporting to be a certificate by the Government
Chemist or a laboratory approved by the Director as to the result of an
analysis of a sample under this section shall in any proceedings under
this Act, be admissible as evidence of the matters stated therein, but
either party may require the person by whom the analysis was made to
be called as a witness.
(4) It shall not be lawful for any person, except in so far as is
necessary for the purposes of a prosecution for an offence under this
Act, to publish or disclose to any person the results of an analysis
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Occupational Safety and Health
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33
made under this section, and if any person acts in contravention of this
subsection that commits an offence and shall on conviction be liable to
a fine not exceeding five hundred thousand shillings or to imprisonment
for a term not exceeding twelve months, or to both.
35. (1) Where, in the case of any article or substance found by him Power to deal with
in any premises which he has power to enter, an occupational safety and cause of imminent
health officer has reasonable cause to believe that, in the circumstances danger. in which he finds it, the article or substance is a cause of imminent danger
or serious personal injury, he may seize it and cause it to be rendered
harmless (whether by destruction or otherwise).
(2) Before any article or substance that forms part of a batch of
similar articles or any substance is rendered harmless under this section
the occupational safety and health officer shall, if it is practicable for
him to do so, take a sample of the article or substance and give to a
responsible person at the premises where he found it a portion of the
sample marked in a manner sufficient to identify it.
(3) As soon as an article or substance has been seized and
rendered harmless under this section, the occupational safety and health
officer shall prepare and sign a written report giving particulars of the
circumstances in which the article or substance was seized and dealt
with by him, and shall—
(a) give a signed copy of the report to a responsible person at
the premises where the article or substance was found by
him; and
(b) unless the person is the owner of the article or substance,
also serve a signed copy of the report to the owner.
36. If an occupational safety and health officer is of the opinion Improvement notices. that a person—
(a) is contravening any of the provisions of this Act or rules
made there under; or
(b) has contravened one or more of those provisions in
circumstances that make it likely that the contravention will
continue or be repeated,
he may serve on that person a notice (in this Part referred to as “an
improvement notice”) stating that he is of that opinion, specifying the
provision or provisions in respect of which he is of that opinion, giving
particulars of the reasons why he is of that opinion and requiring that
person to remedy the contravention or, as the case may be, the matters
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occasioning it within such period ending not earlier than the period
within which an appeal against the notice can be brought under section
38 as may be specified in the notice.
Prohibition notices. 37. (1) This section applies to any activities which are being or
are about to be carried on by or under the control of any person, being
activities to or in relation to which this Act or the rules made there under
apply or will, if the activities are so carried on, apply.
(2) If as regards any activities to which this section applies an
occupational safety and health officer is of the opinion that, as carried on
or about to be carried on by or under the control of the person in question
the activities involve or, as the case may be, will involve a risk of serious
personal injury, the occupational safety and health officer may serve
on that person a notice (in this Part referred to as “prohibition notice”).
(3) A prohibition notice shall—
(a) state that the occupational safety and health officer is of
the said opinion;
(b) specify the matters which in his opinion give or as the case
may be, will give rise to the said risk;
(c) where in his opinion any of those matters involve or, as the
case may be, will involve a contravention of any provision
of this Act or the rules made there under, state that he is of
that opinion, specify the provision or provisions in respect of
which he is of that opinion, and the particulars of the reasons
why he is of that opinion; and
(d) direct that the activities to which the notice relates shall
not be carried on by or under the control of the person on
whom the notice is served unless the matters specified in
the notice in pursuance of paragraph (b) and any associated
contraventions of provisions so specified in pursuance of
paragraph (c) have been remedied.
(4) A direction given under subsection (3) (d) shall take immediate
effect if the occupational safety and health officer is of the opinion, and
states it, that the risk of serious personal injury is or, as the case may be,
will be imminent, and shall have effect to the end of a period specified
in the notice in any other case.
(5) In order to enforce a prohibition imposed under this section an
occupational safety and health officer may block, seal, bar, barricade,
immobilise or fence off that part of the workplace, plant or machinery
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Occupational Safety and Health
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35
to which the prohibition applies, and no person shall interfere with or
remove such blocking sealing, bar, barricade, immobiliser or fence.
(6) An employer shall forthwith bring the contents of a prohibition
notice issued under this section to the attention of the health and safety
committee at the workplace, where it exists.
(7) An employee shall not lose any wages or benefits for work not
done as a result of the imposition of a prohibition notice.
(8) Any person who having been served with a prohibition notice
under this section—
(a) continues to carry on the activities to which the notice
relates; or
(b) breaks or removes or defeats the blocking, seal, bar,
barricade, immobiliser or fence specified in subsection (5),
commits an offence and shall on conviction be liable to a fine not
exceeding five hundred thousand shillings or to imprisonment for a
term not exceeding three months or to both and if the contravention
in respect of which he is convicted is continued after the conviction,
he shall be guilty of a further offence and liable in respect thereof to
a fine not exceeding ten thousand shillings or to imprisonment for a
term not exceeding seven days, or to both, for each day on which the
offence is so continued.
38. (1) In this section “notice” means an improvement notice or Appeal against
a prohibition notice.
improvement or
prohibition notice. (2) A person to whom an improvement or a prohibition
notice is issued under section 36 or 37 shall comply with the notice
notwithstanding that an appeal against its issuance has been lodged.
(3) A person who is aggrieved by a notice issued by an
occupational safety and health officer under sections 36 or 37 may,
within fourteen days from the date of such notice, appeal to the Director
who may, after considering the appeal, by order in writing confirm,
revoke or vary the notice.
(4) A person who is aggrieved by a decision of the Director
made under subsection (3) may, within fourteen days from the date of
the decision, appeal to an appeal committee appointed by the Minister
under section 46.
(5) Where an improvement or a prohibition notice is issued by
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[Rev. 2010
the Director in exercise of the powers conferred under sections 36 or
37, the appeal shall be made to an appeal committee appointed by the
Minister under section 46.
Provisions on
prohibition notices
and improvement
notices. 39. (1) In this section “a notice” means an improvement notice
or prohibition notice.
(2) A notice may but need not, include directions as to the
measures to be taken to remedy any contravention or matters to which
the notice relates, and any such directions may be framed to—
(a) any extent by reference to any code of practice approved
by the Director; and
(b) afford the person on which the notice is served a choice
between ways of remedying the contravention or matter.
(3) Where any of the provisions of this Act or the rules made
there under apply to a building or any matter connected with a building,
the notice shall not direct any measures to be taken to remedy the
contravention of that provision which are more onerous than those
necessary to requirements of any building rules to which the building
or matter would be required to conform.
(4) Before an occupational safety and health officer serves a
notice in connection with any premises used or about to be used as a
workplace, requiring or likely to lead to the taking of measures affecting
the means of escape in case of fire with which the premises are or ought
to be provided, he shall consult the fire authority of the area in which
the premises are located.
(5) Where an improvement notice or prohibition notice, which is
to take immediate effect, has been served—
(a) the notice may be withdrawn by an occupational safety
and health officer at any time before the end of the period
specified therein in pursuance of section 36 or section 37,
as the case may be; and
(b) the period so specified may be extended by an occupational
safety and health officer at any time when an appeal against
the notice is not pending.
Occupational safety
and health officer
not to disclose
information or source
of complaints. 40. (1) An occupational safety and health officer shall not disclose
any information obtained by him in the course of his duties and the
exercise of any of the powers conferred by section 32 (including in
particular, any information with respect to any manufacturing process
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37
or trade secret obtained by him in any premises entered by him by virtue
of any such power) except—
(a) for the purposes of his functions;
(b) for the purposes of any legal proceedings or any investigation
or inquiry authorized by Government; or
(c) with the relevant consent, that is to say, in the case of
information furnished in pursuance of a requirement
imposed under section 32, the consent of the person who
furnished it, and, in any other case the consent of a person
having responsibilities in relation to the premises where the
information was obtained.
(2) Subject to subsection (1), no occupational safety and health
officer shall divulge to any person the source of any complaint bringing
to his notice any defect or breach of any of the provisions of this Act,
and shall give no information to any owner, or occupier that a visit or
inspection of any workplace was made in consequence of the receipt
of such complaint.
(3) An occupational safety and health officer who contravenes the
provisions of subsection (1) and (2) commits an offence.
41. No matter or thing done by an occupational safety and health Indemnity of
officer shall if the matter or thing is done bonafide for the executing occupational safety
of the functions, powers or duties under this Act, render the officer and health officer. personally liable for any action, claim or demand whatsoever.
42. (1) Every safety and health advisor shall be issued with an Safety and health
advisor. annual certificate of authorization by the Director upon payment of the
prescribed fee.
(2) A safety and health advisor shall not disclose any information
obtained by him in the course of his duties, in respect of any
manufacturing, process or trade secrets obtained by him in any premises
entered by him except for purposes of—
(a) his functions under this Act; or
(b) any legal proceedings, investigations or inquiry authorized
under this Act.
(3) A safety and health advisor who makes a report which is false
or deficient in any material particular, or fails to send to the Director a
copy of the report as required, commits an offence and on conviction
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shall be liable to a fine not exceeding one hundred thousand shillings
or to imprisonment for a term not exceeding three months. or to both
(4) A safety and health advisor who contravenes subsection
(2) commits an offence and shall on conviction be liable to a fine not
exceeding one hundred thousand shillings.
Part V—Registration of Workplaces
Register of
workplaces. Registration of
workplaces. 43. The Director shall keep a register of workplaces in which he
shall cause to be entered such particulars in relation to every workplace
required to be registered under this Act as he may consider necessary.
44. (1) Before any person occupies or uses any premises as a
workplace, he shall apply for the registration of the premises by sending
to the Director a written notice containing the particulars set out in the
Fourth Schedule.
(2) Upon receipt of the notice referred to in subsection (1), the
Director shall take such steps as may be necessary to satisfy himself that
the premises are suitable for use as a workplace of the nature stated in
the notice, and upon being so satisfied, shall cause the premises to be
registered and shall issue to the applicant, upon payment of a prescribed
fee, a certificate of registration in the form set out in the Fifth Schedule;
(3) The Director shall carry out the duties imposed upon him by
this section with all practicable speed.
Cap. 514.
(4) All workplaces which were registered under the Factories and
Other Places of Work Act (now repealed) shall be deemed to have been
registered under this Act.
(5) Any person who, without having been issued with a certificate
of registration under subsection (2), occupies or uses any premises as a
workplace commits an offence and shall, on conviction be liable to a fine
not exceeding one hundred thousand shillings or to imprisonment for
a term not exceeding three months or to both, and, if the contravention
in respect to which he is convicted is continued after the conviction,
he shall be guilty of a further offence and liable in respect thereof to
a fine not exceeding ten thousand shillings or to imprisonment for a
term not exceeding seven days, or to both, for each day on which the
offence is continued.
(6) Where the Director refuses to issue a certificate of registration
under this section he shall, state in writing, the grounds of such refusal.
(7) The occupier of a workplace registered under this Act shall
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Occupational Safety and Health
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notify the Director in writing of any proposed change in the registered
particulars of that workplace prior to effecting the change.
(8) The occupier of a workplace who fails to comply with the
provisions of subsection (7) commits an offence and shall on conviction
be liable to a fine not exceeding one hundred thousand shillings or
imprisonment for a term not exceeding three months or to both.
(9) A person who is aggrieved by a decision of the Director
made under this section may, within fourteen days from the date of
the decision, appeal to an appeal committee appointed by the Minister
under section 46.
(10) The Minister may, after consultation with the Council, make
regulations to provide for—
(a) workplaces to be excepted from registration under this Act;
(b) the registration of premises where employees perform any
work or where plant or machinery is used and the fee payable
in respect of such registration;
(c) the registration of plant and machinery and the fee payable
in respect of such registration.
45. (1) The Minister may, after consultation with the Council, Exceptions to
by notice in the Gazette, except some classes of workplaces from the registration. requirements of section 44.
(2) The Minister may only except a class of workplaces under this
section if he is satisfied that there are adequate arrangements in place
for the protection of the safety and health of the affected employees.
(3) An exception granted under subsection (1) shall be subject
to review by the Director every five years or such shorter period as he
may deem necessary in order to assess the general status of the safety
and health in the classes of workplaces thereby excepted, with a view
to upholding the exception or withdrawing it. (4) After the Council adopts a report of the review referred to in
subsection (3), the Minister may, on the advice of the Council uphold
or withdraw the exception.
(5) An occupier whose workplace has been excepted shall display
a copy of the notice of exception at his workplace.
(6) An occupier of a workplace not excepted under subsection
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(1) shall renew the certificate of registration issued under section 44
annually or after such other period as the Minister may, in consultation
with the Council, prescribe.
Appeals. 46. (1) The Minister shall appoint appeal committees for the
purpose of considering any appeal made under sections 36, 37 and 44.
(2) An appeal committee shall consist of a chairman to be
appointed by the Minister from among members of the Council and
two other persons to be appointed by the Minister who, in his opinion,
have experience and knowledge in matters relating to the subject matter
of the appeal.
(3) A member of an appeal committee may be paid an allowance
at such rate as the Minister may determine with the approval of the
Treasury.
(4) An appeal committee may, after hearing an appeal, confirm,
revoke or vary a decision made by the Director under sections 36, 37,
38(3), or 44 and the decision of the appeal committee shall be final.
(5) An appeal committee shall determine and communicate its
decision to the person making the appeal within fourteen days of the
determination.
Part VI—Health-General Provisions
Cleanliness. 47. (1) Every workplace shall be kept in a clean state, and free
from effluvia arising from any drain, sanitary convenience or nuisance,
and, without prejudice to the generality of subsection (1)—
(a) accumulations of dirt and refuse shall be removed daily by a
suitable method from the floors and benches of workrooms,
and from the staircases and passages;
(b) the floor of every workroom shall be cleaned at least once
in every week by washing or, if it is effective and suitable,
by sweeping or by any other method;
(c) all inside walls and partitions, and all ceilings or tops of
rooms, and all walls, sides and tops of passages and staircase,
shall—
(i) where they have a smooth impervious surface, at least
once in every period of twelve months, be washed with
hot water and soap or cleaned by other suitable method;
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Occupational Safety and Health
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(ii) where they are kept painted with oil paint or varnished,
be repainted or varnished at least once in every period of
five years, or such other period as the director may deem
necessary, and at least once in every period of twelve
months be washed with hot water and soap or cleaned
by other suitable method; and
(iii) in other cases, be kept whitewashed or colour washed,
and the whitewashing or colour washing shall be repeated
at least once in very period of twelve months. Provided that where it appears to the Minister that in any class or
description of workplaces or part thereof any of the provisions of this
section are not required for the purpose of keeping the workplace in a
clean state, or are by reason of special circumstances inappropriate or
inadequate for such purpose, he may, if he thinks fit, by order direct that
those provisions shall not apply to any workplace, or part of a workplace,
of that class or description, or shall apply as varied by the order.
(2) An occupier who contravenes the provisions of this section
commits an offence.
48. (1) An occupier shall ensure that his workplace shall not, Overcrowding.
while work is carried on, be so overcrowded as to cause risk of injury
to the health of the persons employed therein.
(2) Without prejudice to the generality of subsection (1) a
workplace shall be of sufficient size for work to be carried out with ease
and shall further have the necessary free space and, having regard to the
nature of the work, an adequate amount of air for each employee, the
minimum permissible being ten cubic metres per person:
Provided that, in determining, for the purposes of the sub-section
the amount of cubic space in any room, no space more than four point
five metres from the floor shall be taken into account, and, where a room
contains a gallery, the gallery shall be treated for the purposes of this
subsection as if it were partitioned off from the remainder of the room
and formed a separate room.
(3) Every workroom shall be not less than three metres in height,
measured from the floor to the lowest point of the ceiling or, where there
is no ceiling, to the lowest point of the roofing material:
Provided that, if the Director is satisfied that owing to the special
conditions under which the work is carried on in any workroom the
application of the provisions of this subsection to that workroom would
be inappropriate or unnecessary, he may by certificate in writing except
the work room from those provisions subject to any conditions specified
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in the certificate.
(4) An occupier who contravenes the provisions of this section
commits an offence.
Ventilation. 49. (1) An occupier shall ensure that effective and suitable
provision is made for securing and maintaining, by the circulation of
fresh air in each workroom, the adequate ventilation of the room.
(2) The Minister may by rules, prescribe a standard of adequate
ventilation for workplaces or for any class or description of workplaces
or part thereof and for any other places of work.
(3) An occupier who contravenes the provisions of this section
commits an offence.
Lighting. 50. (1) An occupier shall ensure that effective provision is made
for securing and maintaining sufficient and suitable lighting, whether
natural or artificial, in every part of his workplace in which persons are
working or passing.
(2) All glazed windows and skylights used for the lighting of
workrooms shall, so far as practicable be kept clean on both the inner
and outer surface and free from obstruction:
Provided that this subsection shall not affect the white-washing
or shading or windows and skylights for the purpose of mitigating heat
or glare.
(3) Nothing in subsections (2) and (3) or in any rules made there
under, shall be considered as enabling direction to be prescribed or
otherwise given as to whether any artificial lighting is to be produced
by any particular source of light.
(4) An occupier who contravenes the provisions of this section
commits an offence.
Drainage of floors. Sanitary
conveniences. 51. Where any process is carried on which renders the floor liable
to be wet to such an extent that the wet is capable of being removed
by drainage, effective means shall be provided and maintained for
draining off the wet.
52. (1) Sufficient and suitable sanitary conveniences for the
persons employed in the workplace shall be provided, maintained
and kept clean, and effective provision shall be made for lighting the
conveniences; and, where persons of both sexes are or are intended to
be employed (except in the case of workplaces where the only persons
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43
employed are members of the same family dwelling there), such
conveniences shall afford proper separate accommodation for persons
of each sex.
(2) The Minister may make rules for determining for workplaces
or for any class or description of workplace what is sufficient and
suitable provision for the purpose of this section.
53. The provisions of section 52 and of any rules made there under Enforcement of
shall, in such areas as the Minister may by notice in the Gazette direct, section 52 by local
authorities. be enforced by the local authority.
54. Where an occupational safety and health officer finds any act
or default in relation to any drain, sanitary convenience, water supply,
nuisance or other matter in a workplace which is liable to be dealt with
by the local authority under this Part or under the law relating to public
health, he shall give notice therefore in writing to the local authority.
Duty of occupational
safety and health
officer as to sanitary
defects remediable
by local authority. Part VII—Machinery Safety
55. All plant, machinery and equipment whether fixed or mobile Safe use of plant,
for use either at the workplace or as a workplace, shall only be used for machinery and
equipment. work which they are designed for and be operated by a competent person.
56. (1) Every flywheel directly connected to any prime mover and Prime movers. every moving part of any prime mover, except prime mover referred
to in subsection (3), shall be securely fenced, whether the flywheel or
prime mover is situated in an engine-house or not.
(2) The head and tailrace of every water wheel and of every water
turbine shall be securely fenced.
(3) Every part of an electric generator, motor and rotary converter,
and every flywheel directly connected thereto, shall be securely fenced.
57. (1) Every part of transmission machinery shall be securely Transmission
machinery. fenced.
(2) Efficient devices or appliances shall be provided and
maintained in every room or place where work is carried on by which
the power can promptly be cut off from the transmission machinery in
that room or place.
(3) Every machine intended to be driven by mechanical or any
other type of power shall be provided with an efficient starting and
stopping appliance, the control of which shall be in such a position as
to be readily and conveniently operated by the person operating the
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machine.
(4) No driving-belt when not in use shall be allowed to rest or ride
upon a revolving shaft which forms part of the transmission machinery.
(5) Suitable striking gear or other efficient mechanical appliances
shall be provided and maintained and used to move driving-belts to
and from fast and loose pulleys which form part of the transmission
machinery and any such gear or appliances shall be so constructed,
placed and maintained as to prevent the driving-belt from creeping
back on to the fast pulley.
(6) The Director may by certificate in writing grant, subject to
any conditions specified in the certificate, exemption from compliance
with any of the requirements of subsections (2), (3), (4) and (5) in
any case where he is satisfied that compliance with the requirement is
unnecessary or impracticable.
Other machinery. 58. (1) Every dangerous part of any machinery, other that prime
movers and transmission machinery shall be securely fenced:
Provided that, in so far as the safety of a dangerous part of any
machinery cannot by reason of the nature of the operation be secured
by means of a fixed guard, the requirements of this subsection shall
be deemed to have been complied with if a device is provided which
automatically prevents the operator from coming into contact with the
part.
(2) Any part of a stock-bar which projects beyond the head-stock
of a lathe shall be securely fenced.
Hand held and
portable power tools
and equipments. 59. (1) Every employer shall—
(a) be responsible for the safe condition of tools and equipment
used by his employees, including tools and equipment which
may be furnished by the employees;
(b) ensure that no equipment or portable power tools shall be
used in an environment that contains or is likely to contain
flammable vapours or substances unless they are intrinsically
safe for such environments.
(2) All power driven portable and hand held tools shall have their
operating controls so located as to minimise the possibility of their
accidental operation if such an accidental operation would constitute a
hazard to the worker or other persons.
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60. All fencing or other safeguards provided in pursuance of the Construction and
provisions of this Part shall be of substantial construction, constantly maintenance of
maintained and kept in position while the parts required to be fenced fencing. or safeguarded are in motion or in use. 61. (1) Where any machine in a workplace is a machine intended Construction and
to be driven by mechanical power—
disposal of new
machinery. (a) every set-screw, bolt or key on any revolving shaft spindle,
wheel or pinion shall be so sunk, encased or otherwise
effectively guarded as to prevent danger; and
(b) all spur and other toothed or friction gearing which does
not require frequent adjustment while in motion shall be
completely encased.
(2) An importer, manufacturer, designer or supplier of machinery,
plant, and equipment shall avail information concerning the correct
installation, use, maintenance and disposal of the machinery, plant and
equipment and provide information on any likely hazards and means
to prevent or control them.
(3) A person who sells or lets on hire, or as agent of the seller
or hirer, causes or procures to be sold or let on hire, knowing it to be
for use in a workplace in Kenya, any machine intended to be driven
by mechanical power which does not comply with the requirements of
this section commits an offence and shall on conviction be liable to a
fine not exceeding two hundred thousand shillings.
62. (1) No traversing part of any self-acting machine and no Self acting machines. material carried thereon shall, if the space over which it runs is a space
over which any person is liable to pass, whether in the course of his
employment or otherwise, be allowed on its outward or inward traverse
to run within a distance of fifty centimetres from any fixed structure not
being part of the machine.
(2) An occupier shall ensure that all practicable steps are taken
to instruct the person in charge of the machine and otherwise to ensure
that no person employed shall be in the space between any traversing
part of a self-acting spinning mule and any fixed part of the machine
towards which the traversing part moves on the inward run, except when
the machine is stopped with the traversing part on the outward run.
63. (1) Every hoist or lift shall be of good mechanical construction, Hoists and lifts. sound material and adequate strength, free from patent defect and be
properly maintained.
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(2) Every hoist or lift shall be thoroughly examined at least once
in every period of six months or after any modifications or extensive
repairs or within a shorter period, by a person approved for the purposes
of this section by the Director by certificate in writing, and a report of the
result of every such examination, in the prescribed form and containing
the prescribed particulars, shall be signed by the person carrying out the
examination and shall be entered in or attached to the general register
within fourteen days of the examination.
(3) Where the examination under subsection (2) shows that the
hoist or lift cannot continue to be used with safety unless certain repairs
are carried out immediately or within a specified time, the person making
the report, shall—
(a) inform the area occupational safety and health officer within
twenty-four hours of the completion of the examination who
may then issue an improvement notice or a prohibition notice
as appropriate; and
(b) send a written notice of the examination in the prescribed
form containing the prescribed particulars to the area
occupational safety and health office within seven days of
its occurrence.
(4) Every hoist way or lift way shall be efficiently protected by
a substantial enclosure fitted with gates, being such an enclosure as to
prevent, when the gates are shut, any person falling down the hoist way
or liftway or coming into contact with any moving part of the hoist or lift.
(5) A gate referred to in subsection(4) shall be fitted with efficient
interlocking or other devices to ensure that the gate cannot be opened
except when the cage or platform is at the landing and that the cage or
platform cannot be moved away from the landing until the gate is closed.
(6) Every hoist or lift and every enclosure shall be so constructed
as to prevent any part of any person or any goods carried in the hoist
or lift being trapped between any part of the hoist or lift and any fixed
structure or between the counterbalance weight and any other moving
part of the hoist of lift.
(7) There shall be marked conspicuously on every hoist or lift the
maximum working load which it can safely carry and no load greater
than that load shall be carried on any hoist or lift.
(8) The following additional requirements shall apply to hoists
and lifts used for carrying persons, whether together with goods or
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otherwise—
(a) efficient automatic devices shall be provided and maintained
to prevent the cage or platform overrunning;
(b) every cage shall, on each side from which access is afforded
to a landing, be fitted with a gate, and in connexion with every
such gate efficient devices shall be provided to ensure that,
when persons or goods are in the cage, the cage cannot be
raised or lowered unless the gate is closed, and will come to
rest when the gate is opened; and
(c) where the platform or cage is suspended by rope or
chain, there shall be at least two ropes or chains separately
connected with the platform or cage, each rope or chain
separately connected with the platform or cage, each rope or
chain and its attachments being capable of carrying the whole
weight of the platform or cage and its maximum working
load, and efficient devices shall be provided and maintained
which will support the platform or cage with its maximum
working load in the event of a breakage of the ropes or chains
or any of their attachments.
(9) Where a hoist or lift is not connected with mechanical power—
(a) in subsection (2)the reference to six months shall be
substituted by a reference to twelve months;
(b) subsection (5) shall be substituted by the following
subsection—
(5) Any gate referred to in subsection (4) shall be kept closed
and fastened except when the cage or platform is at rest
at the landing; and
(c) subsection (8) shall not apply.
(10) For the purposes of this section, no lifting machine or
appliance shall be deemed to be a hoist or lift unless it has a platform
or cage the direction of movement of which is restricted by a guide or
guides.
64. (1) The following provisions shall be complied with respect Chains, ropes and
to every chain, rope or lifting tackle used for the purpose of raising or lifting tackle. lowering persons, goods or materials—
(a) no chain, rope or lifting tackle shall be used unless it is of
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good construction, sound material, adequate strength and
free from patent defect;
(b) a table showing the safe working loads of every kind and
size of chain, rope or lifting tackle in use, and, in the case
of a multiple sling, the safe working load at different angles
of the legs, shall be prominently displayed on the premises,
so, however, that the provisions of this paragraph shall not
apply in relation to any lifting tackle if the safe working load
thereof, or in the case of a multiple sling the safe working
load at different angles of the legs, is plainly marked upon it;
(c) no chain, rope or lifting tackle shall be used for any load
exceeding the safe working load thereof as shown by the
table referred to in paragraph (b) or marked upon it;
(d) all chains, ropes and lifting tackle in use shall be thoroughly
examined at least once in every period of six months, or at
such greater intervals as the Director may in any particular
case permit, by a person approved for the purposes of this
section by the Director by certificate in writing;
(e) no chain, rope or lifting tackle, except a fibre rope or
fibre rope sling, shall be used in any workplace for in that
workplace unless it has been tested and thoroughly examined
by a person approved by the Director for the purposes of
this section, and a certificate of such a test and examination,
specifying the safe working load and signed by the person
carrying out the test and examination, has been obtained and
is kept available for inspection:
Provided that the provisions of this paragraph shall not
apply as respects any chain, rope or lifting tackle in respect
of which there has been obtained, and is kept available for
inspection, a certificate of test and thorough examination
issued by the manufacturer of the chain, rope or lifting
tackle;
(f) every chain and lifting tackle, except a rope sling, shall,
unless of a class or description exempted by the Director
by notice published in the Gazette, be annealed at least
once in every fourteen months, or, in the case of a chain or
sling of half-inch bar or smaller, or chain used in connexion
with molten metal or molten slag, in every six months, so,
however, that a chain and lifting tackle not in regular use
need be annealed only when necessary.
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(2) In this section, “lifting tackle” means chain slings, rope slings,
rings, hooks, shackles and swivels.
65. (1) All parts and working gear whether fixed or movable, Cranes and other
including the anchoring and fixing appliances, of every lifting machine lifting machines. shall be of good construction, sound material, adequate strength and
free from patent defect, and shall be properly maintained.
(2) All parts and gear referred to in subsection (1) shall be
thoroughly examined, at least once in every period of twelve months, or
after any modifications or extensive repairs or within a shorter period,
by a person approved for the purposes of this section by the Director
by certificate in writing.
(3) No lifting machine shall be used in any workplace, for the
first time in that workplace, unless it has been tested and all the parts
and working gear of the machine specified in subsection (1) have been
thoroughly examined, by a person approved by the Director for the
purposes of this section and a certificate of the test and examination,
specifying the safe working load or loads of the machine and signed by
the person who carried out the test and examination, has been obtained
and is kept available for inspection:
Provided that the provisions of this subsection shall not apply
with respect to any lifting machine in respect of which there has been
obtained, and is kept available for inspection, a certificate of test and
thorough examination issued by the manufacturer of the machine.
(4) All rails on which a travelling crane moves and every track
on which the carriage of a transporter or runway moves shall be of
proper size and adequate strength, and have an even running surface;
and any such rails or track shall be properly laid, adequately supported
or suspended and properly maintained.
(5) There shall be plainly marked on every lifting machine the
safe working load or loads thereof, except that in the case of a jib crane
so constructed that the safe working load may be varied by the raising
or lowering of the jib there shall be attached thereto either an automatic
indicator of safe working loads or a table indicating the safe working
loads at corresponding inclinations of the jib or corresponding radii of
the load.
(6) No lifting machine shall, except for the purpose of a test, be
loaded beyond the safe working load as marked or indicated under
subsection (5).
(7) If any person is employed or is working on or near the wheel-
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track of an overhead travelling crane in any place where he would be
liable to be struck by the crane, effective measures shall be taken to
ensure that the crane does not approach within six metres of that place.
(8) A lifting machine shall not be operated except by a person
who is trained and possesses a certificate in writing to that effect from
a recognised institution, to operate that machine, except that it shall be
permissible for such machine to be operated by a person who is under
the direct supervision of a qualified person for the purposes of training,
and no person under the apparent age of eighteen years of age shall be
employed to operate any lifting machine driven by mechanical power
or to give signals to the operator of any such machine.
(9) In this section, “lifting machine” includes a crane, crab, winch,
teagle, pulley block, gin wheel, transporter or runway used for raising
or lowering of goods.
Register of chains,
ropes and lifting
tackle and lifting
machines. 66. A register, containing the particulars set out in the Sixth
Schedule, shall be kept in every workplace with respect to all chains,
ropes or lifting tackle except fibre rope slings, to which section 64
applies, and with respect to all lifting machines to which section 65
applies.
Steam boilers. 67. (1) Every steam boiler and all its fittings and attachments
shall be of good construction, sound material, adequate strength and
free from patent defect, and shall be properly maintained.
(2) Every steam boiler, whether separate or one of a range shall—
(a) have attached to it—
(i) a suitable safety valve, separate from and incapable of
being isolated by any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure
greater than the maximum permissible working pressure
and shall be fixed directly to, or as close as practicable
to, the boiler, and a suitable stop-valve connecting the
boiler to the steam pipe;
(ii) a correct steam pressure gauge, connected to the steam
space and easily visible by the boiler attendant, which
shall indicate the pressure of steam in the boiler in kilograms per square centimetre and have marked upon it, in
a distinctive colour, the maximum permissible working
pressure;
(iii) at least one water gauge, of transparent material or other
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Occupational Safety and Health
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type approved by the Director, to show the water level in
the boiler, and, if the gauge is of the glass tubular type and
the working pressure in the boiler normally exceeds two
point eight kilograms per square centimetre, the gauge
shall be provided with an efficient guard but not so as to
obstruct the reading to the gauge;
(iv) where it is one of two or more boilers, a plate bearing a
distinctive number which shall be easily visible;
(b) be provided with means for attaching a test pressure gauge;
and
(c) be provided with a suitable fusible plug or an efficient lowwater alarm device:
Provided that subparagraph (ii) of paragraph (a) shall not apply
with respect to economizers, and subparagraphs (iii), (iv) and (v) of
paragraph (a), and paragraphs (b) and (c), shall not apply with respect
to economizers or superheaters.
(3) For the purposes of subsection (2), a lever-valve shall not be
deemed a suitable safety valve unless the weight is secured on the lever
in the correct position.
(4) Every steam boiler attendant shall be properly instructed on
his duties.
(5) No person shall enter or be in any steam boiler which is one
of a range of two or more steam boilers unless—
(a) all inlets through which steam or hot water might otherwise
enter the boiler from any other part of the range are
disconnected from that part; or
(b) all valves or taps controlling such entry are closed and
securely locked, and, where the boiler has a blow-off pipe
in common with one or more other boiler or delivering into
a common blow-off vessel or sump, the blow-off valve or
tap on each such boiler is so constructed that it can only be
opened by a key which cannot be removed until the valve or
tap is closed and is the only key in use for that set of blowoff valves or taps.
(6) No work shall be permitted in any boiler-furnace or boiler-flue
until it has been sufficiently cooled by ventilation or otherwise to make
work safe for persons employed.
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(7) The boiler room shall be kept clean and shall not be used as a
resting place or storeroom or for any other purpose at any given time.
(8) Every steam boiler and all its fittings and attachments shall
be thoroughly examined by an approved person, at least once in every
period of twelve months, and also after any modifications or extensive
repairs:
Provided that the person carrying out any such examination may
specify in writing a period exceeding twelve months but not exceeding
fifteen months within which the next examination is to be carried out.
(9) Any examination in accordance with the requirements of
subsection (8) shall consist, in the first place, of an examination of the
boiler when it is cold and the interior and exterior have been prepared
in the prescribed manner, and secondly, except in the case of an
economizer or super heater, of an examination when it is under normal
steam pressure; the examination under steam pressure shall be made as
soon as possible after the examination of the boiler when cold, and the
person carrying out the examination shall see that the safety valve is
so adjusted as to prevent the boiler being worked at a pressure greater
than the maximum permissible working pressure.
(10) The Seventh Schedule shall apply in respect of an examination
of a boiler when it is cold.
(11) A report of the result of an examination under subsection
(8) shall be made in the prescribed form and containing the prescribed
particulars, including particulars of the maximum permissible working
pressure, and shall be signed by the person who carried out the
examination as soon as practicable and in any case within twenty-eight
days of the completion of the examination and be entered in or attached
to the general register.
(12) For the purposes of subsections (11), (13) and (14), the
examination of a boiler when it is cold and its examination when it is
under steam pressure shall be treated as separate examinations.
(13) No steam boiler which has previously been used shall be
taken into use in any workplace or premises for the first time in that
workplace or premises until it has been examined and reported on in
accordance with subsections (8), (9) and (11).
(14) No new steam boiler shall be taken into use for the first time
in any workplace unless there has been obtained in respect thereof—
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(a) the manufacturer’s complete specifications which shall
include full details of the composition and physical properties
of all rivets, plates, sections, tubes, bars and electrodes used
for pressure part;
(b) dimensional drawings of the complete boiler showing the
thickness of plates, details of riveting and the position and
extent of all welds;
(c) the manufacturer’s certificate of test; and
(d) a certificate specifying the maximum permissible working
pressure of the boiler, stating the nature of the tests to which
the boiler, attachments and fittings have been submitted,
issued and signed by the person making the examination.
(15) The person carrying out an examination under this section
shall within twenty four hours of the examination, report to the area
occupational safety and health officer, any defect which would render
the boiler imminently dangerous if not rectified immediately.
(16) The person making the report of an examination under this
section shall, within seven days, after completion of the examination,
send to the area occupational safety and health office, a copy of the
written report in every case where the maximum permissible working
pressure is reduced, or where the boiler cannot continue to be used
with safety unless certain repairs are carried out immediately or within
a specified time and the officer in charge of the office may, on the
basis of the report, issue an improvement notice or prohibition notice
as appropriate.
(17) If the person making the examination under this section
fails to carry out a thorough examination as required by this section,
makes a report which is false or deficient in any material particular,
or fails to send to the Director a copy of any report as required, that
person commits an offence shall an conviction be liable to a fine not
exceeding two hundred thousand shillings, or to imprisonment for a
term not exceeding six months, or to both.
(18) Where the report of any examination under this section
specifies conditions for securing the safe working pressure of a steam
boiler, the boiler shall not be used except in accordance with those
conditions.
(19) In this section—
“approved person” means any person who is approved by the
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Director, by certificate in writing, to carry out examinations of steam
boilers in accordance with, and for the purposes of, this section and to
issue the certificate referred to in subsection (11);
“maximum permissible working pressure”, in the case of a
new steam boiler means, that specified in the certificate referred to in
subsection (14) of this section, and, in the case of a steam boiler which
has been examined in accordance with this section, that specified in the
report of the last examination.
Steam receivers and
steam containers. 68. (1) Every steam receiver and all its fittings shall be of good
construction, sound material, adequate strength, and free from patent
defect, and shall be properly maintained.
(2) Every steam receiver, not so constructed and maintained as
to withstand with safety the maximum permissible working pressure
of the boiler or the maximum pressure which can be obtained in the
pipe connecting the receiver with any other source of supply, shall be
fitted with—
(a) a suitable reducing valve or other suitable automatic
appliance to prevent the safe working pressure of the receiver
being exceeded;
(b) a suitable safety valve so adjusted as to permit the steam to
escape as soon as the safe working pressure is exceeded, or
a suitable appliance for cutting off automatically the supply
of steam as soon as the safe working pressure is exceeded;
(c) a correct steam pressure gauge, which shall indicate the
pressure of steam in the receiver in kilograms per square
centimetre;
(d) a suitable stop valve;
(e) except where only one steam receiver is in use, a plate
bearing a distinctive number which shall be easily visible;
and the safety valve and pressure gauge shall be fitted either on the
steam receiver or on the supply pipe between the receiver and the
reducing valve or other appliance to prevent the safe working pressure
being exceeded.
(3) For the purposes of paragraphs (a), (b), (c) and (d) of
subsection (2), any set of receivers supplied with steam through a
single pipe and forming part of a single machine may be treated as one
receiver, and for the purpose paragraphs (a), (b)and (c) of subsection
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Occupational Safety and Health
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(2), any other set of receivers supplied with steam through a single pipe
may be treated as one receiver:
Provided that this subsection shall not apply to any such set of receivers
unless the reducing valve or other appliance to prevent the safe working
pressure being exceeded is fitted on the said single pipe.
(4) Every steam receiver and all its fittings shall be thoroughly
examined by an approved person, so far as the construction of the
receiver permits, at least once in every period of twenty-four months
or after repairs.
(5) A report of the result of every examination referred to in
subsection (4), shall be in the prescribed form containing the prescribed
particulars, including particulars of the safe working pressure and shall
be entered in or attached to the general register shall be signed by the
person who carried out the examination.
(6) No steam receiver which has previously been used shall be
taken into use in any workplace for the first time in that workplace until
it has been examined and reported on in accordance with subsections
(4) and (5).
(7) No new steam receiver shall be used in a workplace for the
first time unless there has been obtained from the manufacturer of
the receiver, or from a person approved by the Director, a certificate
specifying the safe working pressure of the receiver stating the nature
of the tests to which the receiver and fittings have been submitted,
and the certificate is kept available for inspection, and the receiver is
so marked as to enable it to be identified as the receiver to which the
certificate relates.
(8) No person shall use, in any workplace, a steam receiver, or
a steam container which does not comply with the standards set out in
this section.
(9) Every steam container shall be so maintained as to secure that
the outlet is at all times kept open and free from obstruction.
(10) In this section—
“approved person” means any person who is approved by the
Director, by certificate in writing, to carry out examinations of steam
receivers in accordance with, and for the purposes of, this section and
to issue the certificate referred to in subsection (6);
“maximum permissible working pressure” has the same meaning
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as in section 67;
“safe working pressure” means, in the case of a new steam
receiver, that specified in the certificate referred to in subsection (6) and,
in the case of a steam receiver which has been examined in accordance
with the provisions of this section, that specified in the report of the
last examination;
“steam container” means any vessel, other than a steam pipe or
coil, constructed with a permanent outlet into the atmosphere or into
a space where the pressure does not exceed atmospheric pressure,
and through which steam is passed at atmospheric pressure, or at
approximately that pressure, for the purpose of heating, boiling, drying,
evaporating or other similar purpose;
“steam receiver” means any vessel or apparatus other than a
steam boiler, a steam container, a steam pipe or coil, or a part of a
prime mover used for containing steam under pressure greater than
atmospheric pressure.
Air receivers. 69. (1) Every air receiver shall—
(a) have marked upon it, so as to be plainly visible, the safe
working pressure;
(b) in the case of a receiver connected with an air compressing
plant either be so constructed as to withstand with safety, the
maximum pressure which can be obtained in the compressor,
or be fitted with a suitable reducing valve or other suitable
appliance to prevent the safe working pressure of the receiver
being exceeded;
(c) be fitted with a suitable safety valve so adjusted as to permit
the air to escape as soon as the safe working pressure is
exceeded;
(d) be fitted with a correct pressure gauge indicating the pressure
in the receiver in pounds per square inch;
(e) be fitted with a suitable appliance for draining the receiver;
(f) be provided with a suitable manhole, hand hole or other
means which will allow the interior to be thoroughly cleaned;
and
(g) in a case where more than one receiver is in use in the
workplace, bear a distinguishing mark which shall be easily
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visible.
(2) For the purpose of the provisions of subsection (1) relating to
safety valves and pressure gauges, any set of air receivers supplied with
air through a single pipe may be treated as one receiver:
Provided that, in a case where a suitable reducing valve or other
suitable appliance to prevent the safe working pressure being exceeded
is required to be fitted, this subsection shall not apply unless the valve
or appliance is fitted on the said single pipe.
(3) Every air receiver and its fittings shall be of sound construction
and properly maintained.
(4) No person shall use in any workplace, an air receiver which
does not comply with the standards set out in this section.
(5) Every air receiver shall be thoroughly cleaned and undergo
a thorough examination by an approved person at least once in every
period of twenty four months or after any extensive repairs:
Provided that in the case of a receiver of solid drawn construction—
(a) the person making any such examination may specify in
writing, a period exceeding twelve months but not exceeding
forty-eight months within which the next examination is to
be carried out; and
(b) if it so constructed that the internal surface cannot be
thoroughly examined, a suitable hydraulic test of the receiver
shall be carried out in lieu of internal examination,
every such examination and test shall be carried out by an approved
person, and a report of the result of every such examination and
test, shall be in the prescribed form containing the prescribed
particulars, including particulars of the safe working pressure, be
signed by the person who carried out the examination or test and be entered in or attached to the general register.
(6) In this section—
“air receiver” means—
(a) any vessel (other than a pipe or coil, or an accessory, fitting
or part of a compressor) for containing compressed air and
connected with an air compressing plant; or
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(b) any fixed vessel for containing compressed air or
compressed exhaust gases and used for the purpose of
starting an internal combustion engine;
“approved person” means any person who is approved by the
Director, by certificate in writing for the purpose of carrying out
examinations and tests of air receivers in accordance with, and for the
purposes of this section.
Cylinders for
compressed, liquefied
and dissolved gases. 70. (1) Every cylinder for compressed, liquefied and dissolved
gases, and its fittings, shall be—
(a) so designed as to be suitable for the particular circumstances
of their use; and
(b) of sufficient strength to sustain the internal pressures to
which they will normally be subjected.
(2) Every cylinder for compressed, liquefied and dissolved gases
shall conform to a standard specification prescribed under the Standards
Act or where a standard is not prescribed, a standard specification
approved by the Director and the Kenya Bureau of Standards for
purposes of this Act and shall be of good construction, sound material,
adequate strength and free from patent defect.
(3) Every cylinder, when constructed or sold, shall be covered by
the manufacturer’s test certificate showing compliance with the safety
and health standards specifications prescribed under section 4, and the
certificate shall be obtainable, during the whole life of the cylinder,
from the owner of the cylinder.
(4) Every cylinder owner shall keep a cylinder maintenance
register in which shall be noted, under the corresponding dates, all tests,
internal and external examination, cleanings and repairs undertaken
on the cylinder, and the register shall be available for inspection by an
occupational safety and health officer at all times.
(5) It shall be the duty of a cylinder owner to ensure that all
cylinders belonging to him are examined and tested and the results of
such examinations and tests are entered in the cylinder maintenance
register by a person approved by the Director by certificate in writing—
(a) before being placed in service for the first time; or
(b) before being placed in service after repairs other than
changing the neck ring which carried the cap, re-tapping the
neck or changing the foot-ring and;
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(c) at intervals not exceeding two years in the case of cylinders
for corrosive gases and five years in the case of cylinders
for other gases.
(6) The test that a cylinder other than an acetylene cylinder
shall undergo to comply with the provisions of subsection (5) shall
comprise—
(a) a hydraulic pressure test which shall exceed the maximum
permissible working pressure; and
(b) an internal and external examination in the accordance with
the requirements of the standard specification referred to in
subsection (2) of this section.
(7) The following particulars shall be clearly and boldly marked
on every cylinder—
(a) owner’s name;
(b) registered number as shown in maintenance register;
(c) clear indication of the gas to be charged;
(d) date of type of test undertaken;
(e) country and year of manufacture;
(f) permissible maximum charging pressure; and
(g) standard specification used.
(8) Every cylinder for compressed, liquefied and dissolved gases
shall be clearly marked for the purpose of identification of their contents
in a colour conforming to a standard specification of cylinder colour
markings.
(9) Markings required under the provisions of subsection (7)
shall not be—
(a) cut into the metal of the cylinder unless special reinforcement
has been provided for that purpose; or
(b) placed on the cap.
(10) In addition to the requirements of subsection (7), every
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cylinder for—
(a) liquefied gases shall be clearly and boldly marked with the
permissible maximum weight of the charge of gas for which
the cylinder is designed;
(b) the compressed gases shall be clearly and boldly marked
with the permissible maximum weight of the charge of gas
for which the cylinder is designed; and
(c) the compressed gases shall be clearly and boldly marked
with the cubic capacity.
(11) Before being charged for the purposes of subsection (10),
every cylinder shall—
(a) be carefully examined at the charging station to ensure that
it complies with the provisions of this section; and
(b) except in the case of acetylene, be completely emptied.
(12) Every cylinder for liquefied gases with a critical temperature
exceeding the usual ambient temperature shall not be completely filled
in order to prevent the generation of dangerous pressure when used at
temperatures exceeding this critical temperature, and, cylinders for
liquefied gases shall be weighted during charging.
Refrigeration plants. 71. (1) Every refrigeration plant capable of being entered by an
employee shall—
(a) have all control valves situated outside the cold storage
room; and
(b) have all doors of cold storage room capable of being opened
easily and quickly from the inside and outside.
(2) Every refrigeration plant which has a positive displacement
compressor shall be provided with—
(a) an automatic pressure relief device for that compressor; and
(b) a suitable pressure gauge to indicate the discharge pressure
from such plant.
(3) The occupier of a workplace in which a refrigeration plant
specified in subsection (1) is in use, shall cause an approved person to
examine, test and certify at least once in every period of twelve months
the entire plant together with all its components and auxiliary parts.
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(4) A report of the examination shall be in the prescribed form
containing the prescribed particulars, be signed by the person making
the examination and shall, as soon as practicable and in any case within
twenty-eight days of the completion of the examination, be entered in
or attached to the general register.
(5) In this section—
“approved person” means any person who is approved by the
Director, by certificate in writing for the purpose of carrying out
examinations and tests of refrigeration plants in accordance with, and
for the purposes of this section.
72. Any person who, for purposes of this Part, desires that an Examination and
examination of any equipment or plant be carried out by a person testing of plants. approved for that purpose under this Part, and any person who desires to
obtain the certificates referred to in sections 63, 64, 65, 67, 68, 69, 70 and
71 from any such approved person, may, on payment of the prescribed
fee, request such an approved person to carry out the necessary tests
and examination with a view to obtaining the certificate.
Part VIII—Safety-General Provisions
73. (1) Every fixed vessel, structure, sump or pit of which the edge Vessels containing
is less than one metre above the adjoining ground or platform shall, if it dangerous liquids. contains any scalding, corrosive or poisonous liquid, either be securely
covered or be securely fenced to at least that height to prevent any person
from falling into the vessel, structure, sump or pit.
(2) A plant referred to in subsection (1) shall have a warning
notice, indicating the nature of the danger, in a form readily understood
by the persons in the workplace and shall be marked on or attached
to the plant or, if this is not practicable, be posted in a conspicuous
location near the plant.
74. (1) All goods, articles and substances stored in a workplace Storage. shall be stored or stacked—
(a) in such manner as will ensure their stability and prevent
any fall or collapse of the stack;
(b) in such manner as not to interfere with the adequate
distribution of natural or artificial light, the natural
ventilation systems, the proper operation of machines or other
equipment, the unobstructed use of passageways, gangways
or traffic lanes, and the efficient functioning of sprinkler
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systems, the unobstructed access to other fire extinguishing
equipments within the workplace; and
(c) on firm foundations not liable to overload any floor.
(2) No goods, articles or substances shall be stored or stacked
against a wall or partition unless the wall or partition is of sufficient
strength to withstand any pressure caused thereby.
Ladders. 75. (1) Every ladder to be issued in workplace shall be of good
construction, sound material adequate strength and suitable for the
purpose for which it is used and shall be properly maintained.
(2) No ladder shall be used unless—
(a) it is securely fixed in a position to prevent it from slipping
or falling, except that when this is impracticable, a person
shall be stationed at the base of the ladder to prevent it from
slipping or falling;
(b) it stands on a firm and level footing except in the case of
suspended ladder;
(c) it is secured where necessary to prevent undue swaying or
sagging;
(d) it is equally and properly supported on each stile or side;
(e) in the absence of adequate handhold, it extends at least one
metre above the place of landing or the highest rung to be
reached by the feet of the person using the ladder, or if this
is impracticable, to the greatest height; and
(f) there is sufficient space at each rung to provide adequate
foothold.
(3) Subsection (2) shall not apply to any folding stepladder,
provided that it has a level and firm footing and is used in the fully open
position with any spreaders locked.
Ergonomics at the
workplace. 76. (1) Machinery, equipment, personal protective equipment,
appliances and hand tools used in all workplaces shall comply with the
prescribed safety and health standards and be appropriately installed,
maintained and safe guarded.
(2) Every employer shall take necessary steps to ensure that
workstations, equipment and work tasks are adapted to fit the employee
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63
and the employee’s ability including protection against mental strain.
(3) Every manufacturer, importer and supplier or an agent of a
manufacturer, importer and supplier of the machinery and equipment
referred to in paragraph (1) shall ensure that the equipment complies
with the safety and health standards prescribed under this Act and
shall provide adequate and appropriate information including hazard
warning signs.
(4) An employer shall not require or permit any of his employees
to engage in the manual handling or transportation of a load which by
reason of its weight is likely to cause the employee to suffer bodily
injury.
77. (1) All floors, steps, stairs, passages and gangways in a Safe means of access
workplace shall be of sound construction and be properly maintained. and safe place of
(2) All openings in floors shall be securely fenced, except in so
far as the nature of the work renders such fencing impracticable.
(3) There shall, so far as is practicable, be provided and maintained
safe means of access to every place at which any person, has at any
time, to work.
(4) Necessary precautions including warning signs, shall be taken
to prevent injury to employees and other persons at a workplace from
mobile plants falling objects and objects ejected from machines and
work processes.
(5) For every staircase in a building or affording a means of exit
from a building, a substantial hand-rail shall be provided and maintained,
which, if the staircase has an open side, shall be on that side, and, in
the case of a staircase having two open sides, such a handrail shall be
provided and maintained on both sides; and any open side of a staircase
shall also be guarded by the provision and maintenance of a lower rail
or other effective means.
(6) Sufficient clear and unobstructed space shall be maintained
at every machine while in motion to enable the work to be carried on
without unnecessary risk.
(7) Where any person is to work at a place from where he is liable
to fall a distance of more than three metres, then, unless the place is one
which affords secure foothold and, where necessary, secure handhold,
means shall be provided, so far as is reasonably practicable, by fencing
or otherwise for ensuring his safety.
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lowering goods or materials, whether by mechanical power or otherwise,
shall be securely fenced, and shall be provided with a secure handhold
on each side of the opening or doorway; the fencing shall be properly
maintained and shall, except when the hoisting or lowering of goods
or materials is being carried on at the opening or doorway, be kept in
position.
Fire prevention.
(9)While any person is within a workplace for the purpose of
employment or meals, the doors of the workplace, and of any room
therein in which the person is, and any doors which afford a means of
exit for persons employed in the workplace from any building or from
any enclosure in which the workplace is situated, shall not be locked
or fastened in such manner that they cannot be easily and immediately
opened from the inside.
78. (1)All stocks of highly inflammable substances shall be kept
either in a fire-resisting store or in a safe place outside any occupied
building:
Provided that no such store shall be so situated as to endanger
the means of escape from the workplace or from any part thereof in the
event of a fire occurring in the store.
(2) Where highly flammable liquids are to be conveyed within
a workplace they shall, where it is practicable so to do, be conveyed
through a totally enclosed system incorporating pipe-lines and pumps
or similar appliances but where conveyance of highly flammable
liquids within a workplace through such a totally enclosed system is
not practicable, they shall be conveyed in vessels which are so designed
and constructed as to avoid so far as practicable, the risk of spilling.
(3)Where in any process or operation any highly flammable liquid
is liable to be spilled or to leak, all reasonably practicable steps shall be
taken to ensure that any highly flammable liquid, which is spilt, or leaks
shall be contained or immediately drained off to a suitable container or
to a safe place, or otherwise treated to make it safe.
(4) No means likely to ignite vapours from highly flammable
liquids shall be present where a dangerous concentration of vapours
from flammable liquids may reasonably be expected to be present.
(5) No person shall smoke, light or carry matches, lighters or
other flame producing articles, or smoking materials, in any place in
which explosive, highly flammable or highly combustible substances,
are manufactured, used, handled or stored and the occupier shall take all
practicable steps to ensure compliance with the foregoing provisions of
this subsection, including the display at or as near as possible to every
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place in which this subsection applies, a clear and bold notice indicating
that smoking is prohibited in that place.
79. (1)Where work has to be done inside any chamber, tank, vat, Precautions in places
pit or other confined space, in which dangerous fumes are liable to be where dangerous
fumes likely. present—
(a) the confined space shall be provided with adequate means
of egress; and
(b) no person shall enter the confined space for any purposes
unless the following requirements are complied with—
(i) all practicable steps shall be taken to remove any fumes
which may be present and to prevent any ingress of fumes
and, unless it has been ascertained by a suitable test that
the space is free from dangerous fumes, the person entering shall wear a belt to which there is securely attached a
rope of which the free end is held by a person outside; or
(ii) the person entering shall wear a suitable breathing apparatus; and
(c) suitable breathing apparatus a suitable reviving apparatus
and suitable belts and ropes shall be provided and maintained
so as to be readily accessible;
(d) a sufficient number of the persons employed shall be trained
and practiced in the use of such apparatus and in the method
of restoring respiration; and
(e) no person shall enter a confined space for any purpose unless
authorized in writing by the occupier.
(2) No person shall perform work in a confined space unless he is
sufficiently trained and informed on hazards involved in confined spaces.
80. (1) Where, in connection with any grinding, sieving or other
process giving rise to dust, there may escape into any workroom, dust
of such a character and to such an extent as to be liable to explode
on ignition, all practicable steps shall be taken to prevent such an
explosion by enclosure of the plant used in the process, and by removal
or prevention of accumulation of the dust, and by exclusion or effective
enclosure of possible sources of ignition.
(2) Where there is present in any plant used in any process referred
to in subsection (1), dust of such a character and to such an extent as to
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be liable to explode on ignition, then, unless the plant is so constructed
as to withstand the pressure likely to be produced by any such explosion,
all practicable steps shall be taken to restrict the spread and effects of
such an explosion by the provision, in connexion with the plant, of
chokes, baffles and vents, or other equally effective appliances.
(3) Where any part of a plant contains any explosive or highly
flammable liquid, gas or vapour under pressure greater than atmospheric
pressure, that part shall not be opened, except in accordance with the
following provisions—
(a) before the fastening of any joint of any pipe connected
with the part of the plant or the fastening of the cover of any
opening into the part is loosened, any flow of the liquid, gas or
vapour into the part or into any such pipe shall be effectively
stopped by a stop valve or otherwise; and
(b) before any such fastening is removed, all practicable steps
shall be taken to reduce the pressure of the liquid, gas or
vapour in the pipe or part of the plant to atmospheric pressure;
and if any such fastening has been loosened or removed, no
explosive or flammable liquid, gas or vapour shall be allowed
to enter the pipe or part of the plant until the fastening has
been secured or, as the case may be, securely replaced.
(4) No plant, tank or vessel which contains or has contained
any explosive or inflammable substance shall be subjected to any
welding, brazing or soldering operation or to any cutting operation
which involves the application of heat, until all practicable steps have
been taken to remove the substance and any fumes arising there from,
or to render them non-explosive or non-inflammable; and, if any plant,
tank or vessel has been subjected to any such operation, no explosive
or inflammable substance shall be allowed to enter the plant, tank or
vessel until the metal has cooled sufficiently to prevent any risk of
igniting the substance.
(5) The Director may, by certificate in writing and subject to any
condition specified in the certificate, exempt any part of a plant from
compliance with any of the requirements of subsection (3) in any case
where he is satisfied that compliance with the requirement is unnecessary
or impracticable.
Safety provisions in
case of fire. 81. (1) In every workplace or workroom there shall be—
(a) provided and maintained, and conspicuously displayed
and free from any obstruction so as to be readily accessible,
means for extinguishing fire, which shall be adequate and
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suitable having regard to the circumstances of each case; and
(b) present, persons trained in the correct use of such means of
extinguishing fire during all working hours.
(2) Every workplace shall be provided with adequate means of
escape, in case of fire, for the persons employed therein, having regard
to the circumstances of each case.
(3) All the means of escape referred to in subsection (2) shall be
properly maintained and kept free from obstruction.
(4) The contents of any room in which persons are employed shall
be so arranged that there is a free passageway for all persons working
in the room to a means of escape in case of fire.
(5) All doors affording a means of exit from the workplace for
the persons employed therein shall, except in the case of sliding doors,
be constructed to open outwards.
(6) While any person is within a workplace for the purpose of
employment or meals, the doors of the workplace, and of any room
therein in which the person is, and any doors which afford a means of
exit for persons employed in the workplace from any building or from
any enclosure in which the workplace is situated, shall not be locked
or fastened in such manner that they cannot be easily and immediately
opened from the inside.
(7) Every, window, door or other exit affording means of escape
in case of fire or giving access thereto, other than the means of exit
in ordinary use, shall be distinctively and conspicuously marked by a
notice printed in red letters of an adequate size.
(8) There shall be marked on the floor of every workroom
gangways to facilitate proper arrangement of the contents of the
workroom with a view to keeping all fire extinguisher points and fire
exits free from obstruction and for ensuring proper housekeeping.
(9) Every occupier of a workplace shall take effective steps
to ensure that all the persons employed therein are familiar with the
means of escape in case of fire, and with the routine to be followed in
case of fire.
82. (1) Every occupier of a workplace shall design evacuation Evacuation
procedures to be used during any emergency and have the procedures procedures. tested at regular intervals.
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(2) Every occupier shall take immediate steps to stop any
operation where there is an imminent and serious danger to safety and
health and to evacuate persons employed as appropriate.
(3) Every occupier shall be required to provide where necessary,
measures to deal with emergencies and accidents including adequate
first aid arrangements.
(4) Every occupier shall take effective steps to ensure that all
persons employed are familiar with the means of escape in case of fire,
and with the routine to be followed in case of fire or other emergency.
Part IX—Chemical Safety
The handling,
transportation and
disposal of chemicals
and other hazardous
substances. 83. (1)The Director shall, after consulting the Council, establish
safety and health requirements based on risk assessments, technical
standards and medical opinion, for the safe handling and transportation
of chemicals and other hazardous substances.
(2) An employer shall not require or permit his employee to engage
in the manual handling or transportation of a load which by reason of
its nature is likely to cause the employee to suffer bodily injury.
(3) Any person supplying, distributing, conveying or holding in
chemicals or other toxic substances shall ensure that they are packaged,
conveyed, handled and distributed in a safe manner so as not to cause
any ill effect to any person or the immediate environment.
(4) At every workplace where chemicals or other toxic substances
are manipulated, the employer shall develop a suitable system for the
safe collection, recycling and disposal of chemical wastes, obsolete
chemicals and empty containers of chemicals to avoid the risks to safety,
health of employees and to the environment.
Material safety data
sheets. 84. (1) Every manufacturer, importer, supplier or distributor of
chemicals shall make available to employers, material safety data sheets
for chemicals and other hazardous substances, containing detailed
essential information regarding their identity, supplier, classification
of hazards, safety precautions and emergency procedures.
(2) A supplier of hazardous chemicals shall ensure that revised
labels and chemical safety data sheets are prepared and provided to an
employer whenever new and relevant safety and health information
becomes available.
(3) Every employer shall ensure the availability at the workplace
of material safety data sheets for all chemicals and other hazardous
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substances in use at the premises of the employer, containing detailed
essential information regarding the identity, suppliers’ classification of
hazards, safety precautions and emergency procedures.
85. (1) Every supplier of hazardous substances, whether as Labelling and
manufacturer, importer or distributor of hazardous substances shall marking. ensure that containers filled with hazardous substances, are—
(a) plainly painted, marked or labelled in a distinctive and
uniform manner, with a legible, durable label indicating
the hazard, and which is easily understood by persons
employed; and
(b) accompanied with instructions for the safe handling of the
contents and
(c) the measures to be taken in case of spillage or accidental
exposure to persons employed.
(2) For purposes of this section, labelling in accordance with the
United Nations Labelling system shall be adequate.
(3) Every supplier of chemical substances which have not been
classified in accordance with subsection (1) shall identify the chemicals
they supply and assess the properties of those chemicals on the basis
of a search of available information in order to determine whether they
are hazardous chemicals.
(4) Every employer shall ensure that all chemicals used at a
workplace are labelled or marked and that chemical safety data sheets
have been provided and are made available to employees and their
representatives.
(5) It shall be the duty of an employer who has received chemicals
for which chemical safety data sheets have not been provided or which
have not been labelled or marked as required, to obtain the relevant
information from the supplier or from other reasonably available
sources.
(6) An employer who uses chemicals referred to in subsection (5)
without the said information commits an offence.
(7) Every employer shall ensure that only chemicals, which are
classified in accordance with section 86 or identified and assessed
to determine whether they are hazardous on the basis of a search of
information available, and labelled or marked in accordance with
subsection 86 (1) (b) are used, and that any necessary precautions are
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taken when they are used.
(8) Every employer shall maintain a record of hazardous chemicals
used at the workplace, cross-referenced to the appropriate chemical
safety data sheets, which record shall be accessible to all employees
concerned and their representatives.
Classification of
hazardous chemicals
and substances. 86. (1) Every supplier of chemicals whether as a manufacturer,
importer or distributor shall ensure that all chemicals are—
(a) classified according to their characteristics, properties such as
toxicity, chemical, physical, corrosive and irritant; allergenic,
sensitising, carcinogenic teratogenic and mutagenic, effects
as well as their effect on the reproductive systems;
(b) labelled in a way so as to easily understood by employees
and other users, and so as to provide essential information
regarding their classifications, the hazards they present and
the safety precautions to be observed; and
(c) marked so as to indicate their identity.
Corrosive substances. 87. Where corrosive substances are used and there is danger of
an employee being splashed thereby, the employer shall provide for use
by an employee in case of an emergency—
(a) adequate and readily accessible means for drenching with
water or any other appropriate substance; and
(b) sufficient and suitable means of flushing the eyes, whole
body or any other exposed part of the body,
Exposure limits
to hazardous
substances.
Control of air
pollution, noise and
vibration.
conveniently situated and marked, the location of which is made known
to all employees.
88. The Minister may, after consultation with the Council,
establish or adopt exposure limits on hazardous substances in the
workplace so as to protect persons employed.
89. (1) In every workplace in which, in connexion with any
process carried on, there is given off any dust or fume or other impurity
of such a character and to such extent as to be likely to be injurious or
offensive to the persons employed, or any substantial quantity of dust of
any kind, all practicable measures shall be taken to protect the persons
employed against inhalation of the dust or fume or other impurity and
to prevent its accumulating in any workroom, and in particular, where
the nature of the process makes it practicable, exhaust appliances shall
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be provided and maintained, as near as possible to the point of origin
of the dust or fume or other impurity, so as to prevent it entering the air
of any workroom and the dust, fumes or impurity shall not be allowed
to enter into the atmosphere without undergoing appropriate treatment
to prevent air pollution or other ill-effect to life and property.
(2) No stationary internal combustion engine shall be used unless
provision is made for conducting the exhaust gases from the engine
into the open air and the exhaust gases shall not be allowed to enter the
atmosphere without undergoing appropriate treatment so as to prevent
air pollution, or other ill effect to life and property.
(3) In every workplace where the level of sound energy or
vibration emitted can result in hearing impairment or be harmful to
health or otherwise dangerous, all practicable measures shall be taken by
the employer to ensure the elimination or control of such sound energy
for purposes of protecting any person who may be exposed.
(4) In every workplace where any vibration, which is transmitted
to the human body through solid structures, is harmful to health or
otherwise dangerous, all practicable control, preventive and protective
measures shall be taken by the employer to secure the safety and health
of any such person who may be exposed to the vibration.
90. Where work involves exposure to air pollution, noise or Redeployment on
vibration or any other adverse working conditions, a medical practitioner medical advice. may recommend redeployment if he is of the opinion that the employee
cannot continue working in that environment.
Part X—Welfare-General Provisions
91. (1) Every occupier shall provide and maintain an adequate
Supply of drinking
supply of wholesome drinking water at suitable points conveniently water. accessible to all persons employed.
(2) A supply of drinking water which is not laid on shall be
contained in suitable vessels, and shall be renewed at least daily, and
all practicable steps shall be taken to preserve the water and vessels
from contamination, and a drinking water supply whether laid on or
not shall, in such cases as an occupational safety and health officer
may direct, be clearly indicated as the occupational safety and health
officer may require.
92. (1) Every occupier shall provide and maintain for the use of Washing facilities.
persons employed, adequate and suitable facilities for washing, which
shall be conveniently accessible and shall be kept in a clean and orderly
condition.
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(2) The Director may, by certificate in writing, except from any
of the requirements of subsection (1) any workplace where, by reason
of the difficulty of obtaining an adequate supply of water or the fact
that accommodation is restricted and adequate and suitable washing
facilities are otherwise conveniently available, or such other special
circumstances as may be specified in the certificate, the application of
the requirement would in his opinion be unreasonable.
(3) The Minister may by rules prescribe, either generally or with
respect to any class or description of workplace or with respect to
the persons employed in any process, standard adequate and suitable
washing facilities.
Accommodation for
clothing. Facilities for sitting. First-aid. 93. Every occupier shall provide and maintain for the use of a
person employed, adequate and suitable accommodation for clothing
not worn during working hours.
94. Every occupier shall provide and maintain, for the use of a
person employed whose work is done standing, suitable facilities for
sitting, sufficient to enable the person employed to take advantage
of any opportunities for resting which may occur in the course of his
employment.
95. Every occupier shall be provide and maintain so as to be
readily accessible, a first-aid box or cupboard of the prescribed standard.
Part XI—Health, Safety and Welfare-Special Provisions
Permit to work. 96. (1) An employer shall issue a permit to work to any employee,
likely to be exposed to hazardous work processes or hazardous working
environment, including such work processes as the maintenance and
repair of boilers, dock work, confined spaces, and the maintenance of
machinery and equipment, electrical energy installations, indicating the
necessary precautions to be taken. (2) In this section “permit to work” means a written notice, which
sets out the work to be done, the hazards involved and the precautions
to be taken before the work commences in order to secure the safety
and health of the employee.
Work processes
which may harm
persons below
eighteen years. 97. Employer shall not allow a person below the apparent age of
eighteen years to be employed at any workplace or work process, or
perform work, which by its nature or the circumstances, in which it is
carried out, is likely to harm the person’s safety or health.
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98. No person under going apprenticeship or indentured
learnership shall be allowed to attend to any machinery, equipment,
tools, plant or process unless adequate supervision and protection against
hazardous work conditions and environment is provided and maintained.
99. (1) No person shall be employed at any machine or in any
process, being a machine or process liable to cause ill health or bodily
injury, unless he has been fully instructed as to the dangers likely to
arise in connection therewith and the precautions to be observed, and—
(a) has received sufficient training in work at the machine or
in the process; or
(b) is under adequate supervision by a person who has a
thorough knowledge and experience of the machine or
process.
(2)The training referred to in subsection (1) shall be carried out
on—
(a) recruitment;
(b) transfer or change of job;
(c) the introduction of new work equipment or materials or
change in equipment or materials; and
(d) introduction of new technology;
(3) The training shall be—
(a) adapted to take into account new changed risks, and
(b) repeated periodically.
(4) Every occupier shall ensure that an employee from other
undertakings or establishments including contractors engaged in work
at the occupier’s workplace receive appropriate instructions regarding
safety and health risks including emergency procedures at the workplace
during their activities at the workplace and action to be taken in case
of an emergency.
(5) The training referred to in sub section (4) shall not be at the
expense of the employee and shall take place during working hours.
(6) Any person who fails to comply with any of the provisions of
this section commits an offence and shall on conviction be liable to a
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Supervision of
apprentices and
indentured learners. Training and
supervision of
inexperienced
workers.
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fine not exceeding two hundred thousand shillings or to imprisonment
for a term not exceeding six months or to both.
Meals in certain
dangerous trades. Protective clothing
and appliances.
100. No person shall be permitted to partake of food or drink
where a poisonous or otherwise injurious substance is used so as to
give rise to any dust or fume.
101. (1) Every employer shall provide and maintain for the use
of employees in any workplace where employees are employed in
any process involving exposure to wet or to any injurious or offensive
substance, adequate, effective and suitable protective clothing and
appliances, including, where necessary, suitable gloves, footwear,
goggles and head coverings.
(2) The Director shall register safety consultants to assess the
suitability and effectiveness of protective clothes and appliances.
Protection of eyes in
certain processes. 102. (1) Every employer shall provide suitable goggles or effective
screens to protect the eyes of person employed engaged in any of the
processes specified in the Eighth Schedule.
(2) Every employer shall ensure that where in any workplace
electric arc welding is carried on, effective provision is made, by
screening or otherwise, to prevent employees, other than employees
engaged in the welding process, being exposed to the electric arc flash.
Medical surveillance. 103. (1)Where the Minister is satisfied that—
(a) cases of illness have occurred which he has reason to believe
may be due to the nature of the process or other conditions
of work;
(b) by reason of changes in any process or in the substances used
in any process or, by reason of the introduction of any new
process or new substance for use in a process, there may be
risk of injury to the health of a worker engaged in the process;
(c) there may be risk of injury to the health of workers from
any substance or material brought to the industries to be used
or handled therein or from any change in the conditions in
the industries,
he may make regulations requiring such reasonable arrangements as may
be specified in the regulations to be made for the medical surveillance
and medical examination, not including medical treatment of a
preventive character, of the persons or any class of persons employed.
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(2) Regulations made under this section may require the medical
surveillance to be carried out by persons registered by the Director, and
may prescribe the qualifications and other conditions which are to be
satisfied in order to be registered for the purpose of this section.
(3) Where the Minister is satisfied that any work involves a risk
to the health of employees, he may make rules requiring—
(a) medical examination of the employees before they are
employed, during their employment, and after the termination
of their employment; and
(b) regular or individual examinations or surveys of health
conditions from the point of view of industrial medicine and
industrial hygiene.
(4) The costs of the examinations referred to in subsection (3)
shall be paid by the employer.
(5) An employer shall ensure that the examination specified in
this section shall take place without loss of earnings for the employees
and if possible within normal working hours during their employment.
(6) An employee and former employee of the employer under
this section shall be under an obligation to undergo examination in
accordance with the regulations.
(7) A person who contravenes the provisions of this section or
any regulation made there under commits an offence and shall, on
conviction, be liable to a fine not exceeding one hundred thousand
shillings or to imprisonment for a term not exceeding three months or
to both.
Part XII—Special Applications
104. (1) Where a part of a building is let off as a separate
workplace, the provisions of this Act shall apply to that part of the
building used for the purposes of the workplace.
105. (1)The provisions of this Act shall apply to any premises
(not being premises forming part of a workplace) in which a steam
boiler is used, as if the premises were a workplace and as if the person
having the actual use or occupation of the premises were the occupier
of a workplace.
(2) If at any time a steam boiler is to be used in any premises, not
being premises forming part of a workplace, the occupier shall, within
one month after the date upon which the boiler is first used, send to
Premises where
part of building is
separate workplace. Premises in which
steam boilers are
used.
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the Director a written notice containing the particulars set out in the
Ninth Schedule.
Premises in which
hoists or lifts are
used. 106. (1) The provisions of this Act shall apply to any premises
(not being premises forming part of a workplace,) in which a hoist or
a lift is used, as if the premises were a workplace and as if the person
having the actual use or occupation of the premises were the occupier
of a workplace.
(2) If at any time a hoist or a lift is to be used in any premises not
being premises forming part of a workplace, the occupier shall, within
one month after the date upon which the hoist or lift is first used, send
to the Director a written notice of the address at which the hoist or lift
is used.
Platforms erected
over water. 107. (1) Every occupier or owner of a vessel or platform erected
over water or in water shall ensure that adequate measures have been
taken to protect the safety and health of persons employed on any vessel
or platform and shall at all times comply with the provisions of this Act.
(2)The provisions of subsection (1) shall apply to fishing vessels,
training and diving operations and other works carried in or on water,
including works of engineering construction and similar operations.
Part XIII—Offences Penalties and Legal Proceedings
Offences. 108. (1) In the event of any contravention in connexion with or
in relation to a workplace of the provisions of this Act, the occupier, or
if the contravention is one in respect of which the owner is by or under
this Act made responsible, the owner of the workplace shall, subject to this Act be guilty of an offence.
(2) In the event of a contravention by an employee of the
provisions of this Act with respect to duties of employees or of a
contravention by any person of any rule or order made under this Act,
which expressly imposes any duty upon him, that employee shall be
guilty of an offence and the occupier or owner, as the case may be,
shall not be guilty of an offence by reason only of the contravention
of the said provisions of this Act, or the contravention of the provision
imposing the said duty, as the case may be, unless it is proved that he
failed to take all reasonable steps to prevent the contravention; but this
subsection shall not be taken as affecting any liability of the occupier or
owner in respect of the same matter by virtue of some provision other
than the provisions or provision aforesaid.
(3) If the occupier of a workplace avails himself of any special
exception allowed by or under this Act and fails to comply with any
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of the conditions attached to the exception, he shall be deemed to have
contravened the provisions of this Act.
(4) If any persons are employed in a workplace otherwise than
in accordance with the provisions of this Act, there shall be deemed
to be a separate contravention in respect of each person so employed.
(5) Where an offence under this Act is committed by a company,
co-operative society or other body of persons and is proved to have been
committed with the consent or connivance of, or to have been facilitated
by any neglect on the part of, any director, chairman, manager, secretary
or other officer of the company, co-operative society or other body of
persons, he, as well as the company, co-operative society or other body
of persons, shall be deemed to have committed the offence and shall be
liable to be proceeded against and punished accordingly.
109. (1) Any person who commits an offence under this Act for General penalty. which no express penalty is provided shall on conviction be liable to a
fine not exceeding three hundred thousand shillings or to imprisonment
for a term not exceeding three months or to both.
(2) Where the contravention in respect of which a person is
convicted is continued after the conviction, shall that person subject to
the provisions of section 110, be guilty of a further offence and liable in
respect thereof to a fine not exceeding ten thousand shillings for each
day on which the contravention is so continued.
110. (1) Where the occupier or owner of workplace is convicted
of an offence under this Act, the court may, in addition to or instead of
imposing any penalty, order him, within the time specified in the order,
to take such steps as may be specified to remedy the matters in respect
of which the contravention occurred, and may, on application, extend
the time so specified. Court may
order cause of
contravention to be
remedied.
(2)Where an order is made under subsection (1), the occupier or
owner shall not be liable under this Act in respect of the continuation of
the contravention during the time allowed by the court, but if, after the
expiration of that time as originally specified or extended by subsequent
order, the order is not complied with, the occupier or owner, as the case
may be, shall be liable to a fine not exceeding ten thousand shillings for
each day on which the non-compliance continues.
111. If any person is killed, or dies, suffers any bodily injury, Penalty in case of
in consequence of the occupier or owner of a workplace having death or injury. contravened any provision of this Act, the occupier or owner of the
workplace shall, without prejudice to any other penalty, be liable to a
fine not exceeding one million shillings or, to imprisonment for a term
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not exceeding twelve months; and the whole or any part of the fine may
be applied for the benefit of the injured person or his family or otherwise
as the Minister may determine:
Provided that—
(i) in the case of injury to health, the occupier or owner shall
not be liable to a penalty under this section unless the
injury was caused directly by the contravention; and
Forgery, false
declaration, etc.
(ii) the occupier or owner shall not be liable to a penalty
under this section if a charge against him under this Act
in respect of the act or default by which the death or
injury was caused has been heard and dismissed before
the death or injury occurred.
112. A person who—
(a) forges or counterfeits any certificate required by, under or
for the purposes of this Act;
(b) gives or signs any certificate knowing it to be false in any
material particular;
(c) knowingly utters or makes use of any forged, counterfeited
or false certificate;
(d) knowingly utters or makes use of, as applying to any person,
any certificate which does not so apply;
(e) personates any person named in any certificate;
(f) falsely pretends to be an occupational safety and health
officer;
(g) willfully connives at any counterfeiting, giving, signing,
uttering, making use, personating or pretending as aforesaid;
(h) wilfully makes a false entry in any register, notice, certificate
or document required by, under or for the purposes of this
Act to be kept, served or sent;
(i) wilfully makes or signs a false declaration required by, under
or for the purposes of this Act;
(j) knowingly makes use of any such false entry or declaration,
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commits an offence and shall on conviction be liable to a fine not
exceeding two hundred thousand shillings or to imprisonment for a
term not exceeding six months or to both.
113. Where an act or default for which an occupier or owner of
a workplace is liable under this Act is in fact the act or default of an
agent, servant, worker or other person, that agent, servant, worker or
other person shall be deemed to have committed the offence and shall
be liable to the like penalty as if he were the occupier or owner, as the
case may be.
Penalty on persons
committing offence
for which occupier is
liable. 114. (1) Where the occupier or owner of a workplace is charged
with an offence under this Act, he shall be entitled, upon a charge duly
made by him and on giving to the prosecution not less than three days’
notice in writing of his intention, to have any other person whom he
charges as the actual offender (whether or not that person is his agent
or servant) brought before the court at the time appointed for hearing
the charge; and if, after the commission of the offence has been proved,
the occupier or owner of the workplace proves to the satisfaction of
the court—
Exemption of
occupier or owner on
conviction of actual
offender. (a) that he has used all due diligence to enforce the execution
of this Act and of any relevant order or rule made hereunder;
(b) that the said other person committed the offence in question
without his knowledge, connivance or wilful default,
that other person shall be convicted of the offence and the occupier or
owner shall not be guilty of the offence, and the person so convicted
shall, in the discretion of the court, also be liable to pay any costs
incidental to the proceedings.
(2) The prosecution shall have the right in any case to crossexamine the occupier or owner if he gives evidence and any witnesses
called by him in support of his charge, and to call rebutting evidence.
(3) When it is made to appear to the satisfaction of an occupational
safety and health officer at the time of discovering an offence—
(a) that the occupier or owner, as the case may be of the
workplace has used all due diligence to enforce the execution
of this Act;
(b) the person who committed the offence; and
(c) that it has been committed without the knowledge,
connivance or wilful default of the occupier or owner and
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in contravention of his orders,
the occupational safety and health officer shall proceed against the
person whom he believes to be the actual offender without first
proceeding against the occupier or owner of the workplace.
Proceedings against
persons other than
occupiers or owners. Prosecution of
offences.
115. Where, under this Act, any person is substituted for the
occupier or owner of a workplace with respect to any provisions of this
Act, any order, summons, notice or proceeding which, for the purpose of
any of those provisions, is, by or under this Act, required or authorized
to be served on or taken in relation to the occupier or owner is hereby
required or authorized, as the case may be, to be served on or taken in
relation to that person.
116. (1) All offences under this Act shall be prosecuted, and all
fines under this Act shall be recovered in a magistrates court.
(2) In any proceedings under this Act, it shall be sufficient in the
charge or information to allege that the workplace is a workplace within
the meaning of this Act and to state the name of the ostensible occupier
of the workplace or, where the occupier is a firm, the title of the firm;
and the burden of proving that the premises are not a workplace, or that
the occupier specified in the charge or information is not the occupier
of the workplace, shall lie upon the person alleging such fact. (3)Where any offence is committed under this Act by reason of a
failure to carry out an examination, make a report or do any other thing
at or within a time specified by this Act, the offence shall be deemed to
continue until the examination is carried out or the report made, or the
other thing done, as the case may be.
Special provisions as
to evidence. 117. (1) If a person is found in a workplace at any time at which
work is going on or the machinery is in motion, except during the
intervals for meals or rest, he shall, until the contrary is proved, be
deemed for the purposes of this Act to have been then employed in the
workplace:
Provided that this subsection shall not apply to a workplace in
which the workers are members of the same family dwelling there.
(2) Where any entry is required by this Act to be made in the
general register or in any other register or record, the entry made by
the occupier of a workplace or on his behalf shall, as against him, be
admissible as evidence of the facts therein stated, and the fact that any
entry so required with respect to the observance of any provision of
this Act has not been made shall be admissible as evidence that that
provision has not been observed.
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118. (1) Any document, including any summons or order, required Service of
documents.
or authorized to be served under this Act may be served—
(a) on any person, by delivering it to him, or by leaving it at,
or sending it by registered post to, his residence or place of
business;
(b) on any firm, by delivering it to any partner of the firm, or
by leaving it at, or sending it by registered post to, the office
of the firm;
(c) on the owner or occupier of a workplace, including any
such owner or occupier being a company to which the
Companies Act applies or a co-operative society to which
the Companies Act applies or a co-operative society to which
the Co-operative Societies Act applies, in any such manner
as aforesaid, or by delivering it, or a true copy thereof, to
the manager, foreman or other responsible person at the
workplace.
Cap. 486.
No. 12 of 1997.
(2) A document referred to in subsection (1) may be addressed,
for the purpose of the service thereof on the occupier of a workplace,
to “the occupier” at the proper postal address of the workplace, without
further name or description.
(3) The provisions of subsections (1) and (2) shall apply, with the
necessary modifications, to documents required or authorized under
this Act to be sent to any person, firm, owner or occupier, and to the
sending, addressing and delivery of such documents.
119. If by reason of an agreement between the owner and the
occupier of premises, the whole or any part of which has been let as a
workplace, the owner or occupier is prevented from carrying out any
structural or other alterations in the premises which are necessary to
enable him to comply with the provisions of this Act or in order to
conform with any standard or requirement imposed by or under this Act,
the owner or occupier may apply to a judge in chambers for the terms of
the agreement to be set aside or modified, and the judge, after hearing
the parties and any witnesses whom they may desire to call, may make
such an order setting aside or modifying the terms of the agreement as
he considers just and equitable in the circumstances of the case.
120. Where in any premises the whole or any part of which has
been let as a workplace, any structural or other alterations are required
in order to comply with the provisions of this Act, or in order to conform
with any standard or requirement imposed by or under this Act, and the
Power to modify
agreements.
Power to apportion
expenses.
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owner or occupier, as the case may be, alleges that the whole or part
of the expenses of the alterations ought to be borne by the occupier or
owner, the owner or occupier may apply to a judge in chambers for
the expenses of the alterations to be apportioned between them; and
the judge, after hearing the parties and any witnesses who they may
desire to call, may make such an order concerning the expenses or their
apportionment as he considers just and equitable in the circumstances
of the case, regard being had to the terms of any contract between the
parties, or, in the alternative, determine the lease.
Part XIV—Miscellaneous Provisions
Posting of abstract
of Act, rules and
notices. 121. (1) There shall be kept posted in a prominent position in
every workplace—
(a) the prescribed abstract of this Act;
(b) a notice of the address of the Director and of the area
occupational safety and health officer;
(c) printed copies of any rules made under any provision of this
Act which are for the time being in force in the workplace,
or the prescribed abstract of such rules;
(d) notices stating the danger or ill heath that may be caused
and precautionary measures to be observed in areas where
persons are exposed to injurious or offensive substances; and
(e) any other notice and document required by this Act to be
posted in the workplace.
(2) The documents referred to in subsection (1) shall be in English
and in such other vernacular languages as an occupational safety and
health officer may direct, and if a form has been prescribed for any
document, it shall be posted in that form.
(3) The occupier of a workplace who contravenes the provisions
of this section commits an offence.
General register. 122. (1)There shall be kept in every workplace a register, in the
prescribed form, called the general register, and there shall be entered
in or attached to that register—
(a) the certificate of registration of the workplace;
(b) every other certificate issued in respect of the workplace by
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the Director under this Act;
(c) the prescribed particulars as to the washing, whitewashing,
colourwashing, painting or varnishing of the workplace;
(d) the prescribed particulars as to every accident and case of
occupational disease occurring in the workplace of which
notice is required to be sent to a occupational safety and
health officer under the provisions of any law for the time
being in force;
(e) all reports and particulars required by any provision of this
Act to be entered in or kept with the general register; and
(f) such other matters as may be prescribed.
(2) The occupier of a workplace shall send to an occupational
safety and health officer such extracts from the general register as the
occupational safety and health officer may from time to time require
for the purpose of the execution of his duties under this Act.
(3) The occupier of a workplace who contravenes the provisions
of this section commits an offence.
123. (1) The general register and every other register or record kept Preservation of
in pursuance of this Act shall be preserved and shall be kept available registers and records.
for inspection by any occupational safety and health officer for at least
three years, or such other period as may be prescribed for any class or
description of register or record, after the date of the last entry in the
register or record.
(2) The Minister may, after consultation with the Council, make
regulations prescribing—
(a) the records to be kept; and
(b) the returns to be rendered by employers and the person or
persons to whom such returns shall be rendered.
124. (1)The occupier of every workplace, to which any of the Return of persons
provisions of this Act apply, shall, if so required, by an order published employed.
in the Gazette, send to the Director, at such intervals and on or before
such days as may be specified in the order, a correct return showing,
with respect to such day or days, or such period, as may be specified in
the order, the number of persons employed in the workplace and giving
such particulars as to such other matters as the order may require.
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(2) The Director may, for the purpose of facilitating the rendering
of returns by occupiers under this section, arrange for the consolidation
of those returns with any other relevant returns required from occupiers
under any other law for the time being in force.
125. (1) No building shall be erected or converted for use as a
workplace and no structural alteration and no extension shall be made
to any existing workplace except in accordance with plans showing
details of the proposed construction, conversion, alteration or extension,
approved by the Director.
(2) Upon receipt of a written application supported by such
particulars as may be prescribed for the approval of any plan described
in subsection (1), the Director shall—
(a) if he is satisfied that the plans provide for suitable premises
for use of a workplace of the type proposed, issue a certificate
of approval for such plans; or
Occupational Safety
and Health Fund.
No. 5 of 2004.
(b) if he is not satisfied, refuse to issue a certificate of approval
and shall state in writing to the applicant the reasons for
such refusal.
126. (1) Notwithstanding section 26 of the Government Financial
Management Act, Parliament shall appropriate moneys necessary for
the establishment of a fund to be known as the Occupational Safety
and Health Fund.
(2) The purpose of the fund shall be to—
(a) secure the development and coordination of a sound and
effective occupational safety and health system;
(b) implement an effective system for the prevention of
occupational accidents and diseases, ill health and damage
to property at workplaces;
(c) carry out research on occupational safety and health,
including research on factors leading to occupational
accidents and diseases;
(d) develop and disseminate information materials, such as
safety posters and pamphlets, newsletters and guidance notes
on occupational safety and health including the holding of
safety exhibitions, and awareness creation opportunities
among employers employees and the general public; and
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Occupational Safety and Health
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(e) promote occupational safety and health through the holding
of annual safety award events for outstanding performance
in safety and health among the enterprises and persons
employed.
(3) There shall be paid into the Fund in respect of every workplace
registered under this Act, a levy charged at the prescribed rates known
as the occupational health and safety levy.
(4) The Minister may make an occupational health and safety
levy order for purposes of giving effect to proposals submitted by the
Council and approved by the Minister, and the order may provide for
the amendment of a previous occupational health and safety levy order.
(5) The Minister may, on the advice of the Council and in
consultation with the Treasury, make rules governing the efficient
management and administration of the Occupational Safety and Health
Fund.
(6) The Director shall, in consultation with the Council, administer
the Occupational Safety and Health Fund.
127. (1) The Minister may, in consultation with the Council, make Safety and health
Regulations. regulations under this Act to—
(a) prohibit exposure to hazard; or
(b) prescribe ways to prevent or minimise exposure to hazard.
(2) The Minister may, after consultation with the Council, make
regulations—
(a) which are necessary or expedient in the interest of the safety
and health of persons at work , or the safety and health of
persons who use plant or machinery, or the protection of
persons other than persons at work against risks to safety
and health arising from or connected with the activities of
persons at work, including regulations to provide for—
(i) the planning, layout, construction, use, alteration, repair,
maintenance or demolition of buildings;
(ii) the control, the storage and use of explosives or highly
flammable or otherwise dangerous substances,
(iii) the design, manufacture, construction, installation,
operation, use, handling, alteration, repair, maintenance
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or conveyance of plant, machinery or health and safety
equipment;
(iv) the training, safety equipment or facilities to be provided by employers , the persons to whom and the
circumstances in which they are to be provided and the
application thereof;
(v) the safety and health measures to be taken by employers
or users;
(vi) the occupational hygiene measures to be taken by employers or users;
(vii) any matter regarding the biological monitoring or medical surveillance of employees;
(viii) the production, processing, use, handling, storage or
transport of, and the exposure of employees and other
persons to, hazardous articles, substances or organisms or
potentially hazardous articles, substances or organisms,
including specific limits, thresholds or indices of or for
such exposure;
(ix) the performance of work in hazardous or potentially
hazardous conditions or circumstances;
(x) the measures to be taken to reduce the risk of fire breaking
out in any workplace or of any such fire or smoke there
from, spreading in any workplace;
(xi) standard safety signs;
(xii) the ergonomic requirements for various work situations
and appliances.
(xiii) the emergency equipment and medicine to be made
available by employers , the places where such equipment
and medicine are to be held, the requirements with which
such equipment and medicine shall comply, the inspection of such equipment and medicine, the application of
first-aid and the qualifications which persons applying
first-aid shall possess;
(xiv) the compilation by employers of safety and health directives in respect of a workplace, the matters to be dealt
with in such directives and the manner in which such
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directives shall be brought to the attention of employees
and other persons at a workplace;
(xv) the registration of persons performing hazardous work
or using or handling plant or machinery, the qualifications
which the persons shall possess and the fees payable to
the Director in respect of such registration;
(xvi) the accreditation, functions, duties and activities of
approved inspection authorities;
(xvii) the consultations between an employer and employees
on matters of health and safety;
(xviii) the provision of information by an employer or user
to employees or the public on any matter to which this
Act relates;
(xix) the conditions under which any employer is prohibited from permitting any person to partake of food or to
smoke on or in any premises where a specified activity
is carried out;
(xx) the conditions under which the manufacture of explosives and activities incidental thereto may take place;
(xxi) the fees payable under this Act.
(b) to provide for the preventive and protective measures for
major hazard installations with view to protect employees
and the public against the risk of major incidents;
(c) to establish committees for the purposes of this Act; and
(d) to provide for any other matter necessary or desirable for the
effective carrying out of the provisions of this Act.
(4) Where the Minister is satisfied that any manufacture,
machinery, plant, equipment, appliance, process or description of
manual labour used in a workplace is of such a nature as to cause risk
of bodily injury, or be offensive, to the workers or any class of workers,
the Minister may, subject to the provisions of this Act, make such rules
as are practicable to meet the necessity of the case.
(5) The rules made under subsection (4) may, without prejudice
to the generality of the powers conferred by of this section—
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(a) prohibit the employment of, or modify or limit the hours
of employment of, all persons or any class of persons
in connexion with any manufacture, machinery, plant,
equipment, appliance, process or description of manual
labour;
(b) prohibit, limit or control the use of any material or process;
or
(c) apply to provisions relating to—
(i) arrangements for preparing, heating, and taking of meals;
(ii) ambulance and first-aid arrangements;
(iii) rest rooms;
(iv) arrangement for the supervision of workers; and
(v) lifting of excessive weights.
Power to direct
formal investigation
of accidents and
cases of disease.
(6) Any rules or regulations made under this Act may be made
for a limited period and may be made subject to such conditions
as the Minister deems fit, and may contain such supplemental and
consequential provisions necessary for giving effect to the rules or order.
128. (1) The Minister may direct a formal investigation to be held
into any accident occurring or case of disease contracted or suspected
to have been contracted in a workplace, premises, place or location and
of its causes and circumstances and the provisions of this section shall
have effect with respect to such investigation.
(2)The Minister may appoint a tribunal of competent persons to
carry out the investigation, and may appoint any person possessing legal
or special knowledge to act as assessor to the investigation.
(3)The tribunal appointed under subsection (2) shall carry out
the investigation in such manner and under such conditions as it may
deem most effective for ascertaining the causes and circumstances of
the accident or case of diseases, and for enabling the making of the
report required by this section.
(4) The tribunal shall for the purpose of the investigation, have all
the powers of a magistrate’s court when trying information for offences
under this Act, and all the powers of an occupational safety and health
officer under this Act, and, in addition, power—
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(a) to enter and inspect any place or building the entry or
inspection of which appears to the tribunal requisite for the
purposes of the investigation;
(b) by summons signed by the chairman to the tribunal, to
require the attendance of all such persons as the tribunal
deems fit and to require answers or returns to such inquiries
as it thinks fit to make;
(c) to require the production of all books, papers and documents
which it considers important for the purpose of the
investigation; and
(d) to administer oaths and require any person examined to
make and sign a declaration of the truth of the statements
made by him in his examination.
(5) Persons attending as witnesses before the tribunal shall be
paid such expenses as would be paid to witnesses attending before a
magistrate’s court and in the case of a dispute as to the amount to be
allowed, the dispute shall be referred to the registrar or a deputy registrar
of the High Court who, on request signed by the tribunal, shall ascertain
and certify the proper amount of the expenses.
(6) The tribunal shall make a report to the Minister stating the
causes and circumstances of the accident or the occurrence of a disease
and add any observations, which the tribunal deems fit to make.
(7) Any person who, without reasonable excuse, proof whereof
shall lie on him, either fails, after having had the expenses, if any to
which he is entitled tendered to him, to comply with any summons,
order or requisition of the tribunal, or prevents or impedes the tribunal
in the execution of its duty, commits an offence and shall on conviction
be liable to a fine not exceeding fifty thousand shillings, and in the
case of a failure to comply with a requisition for making any return
or producing any documents, if the failure in respect of which he was
convicted is continued after the conviction, he shall (subject to the
provisions of section 115 be guilty of a further offence and liable to a
fine not exceeding one thousand shillings for every day on which the
failure is continued.
(8) The Minister may cause the report of the tribunal to be made
public at such time and in such manner as the Minister deems fit.
129. (1) Subject to the provisions of subsection (2), the Factories Repeal and savings. Cap. 514.
and Other Places of Work Act is repealed.
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(2) Notwithstanding the provisions of subsection(1)—
(a) anything done under the provisions of the Factories and
Other Places of Work Act or the Minister under the provisions
of the Factories and Other Places of Work Act before the
commencement of this Act shall be deemed to have been
done under the provisions of this Act;
(b) any subsidiary legislation issued before the commencement
of this Act shall, as long as it is not inconsistent with this
Act remain in force until repealed or revoked by subsidiary
legislation under the provisions of this Act and shall, for
all purposes be deemed to have been made under this Act.
(3) In the event of any conflict or inconsistency between the
provisions of this Act and that of any other written law relating to
occupational safety and health, the provisions of this Act shall prevail
and the conflicting or inconsistent provisions of such other written
law shall, to the extent of the conflict or inconsistency, be construed
as superseded.
FIRST SCHEDULE
(s. 21)
DANGEROUS OCCURRENCES
1. Bursting of a revolving vessel, wheel, grindstone or grinding heel
moved by mechanical power. 2. Collapse or a failure of a crane, derrick, winch, hoist or other
appliance used in raising or lowering persons or goods, or any
part thereof (except the breakage of chain or rope-slings), or the
overturning of crane. 3. Explosion or fire causing damage to the structure of the room or place
in which workers are employed or to any machine or plant contained
therein, and resulting in the complete suspension of ordinary work
in such room or place or stoppage of machinery or plant for not less
than five hours, where such explosion or fire is due to the ignition
of dust, gas or vapor.
4. Electrical short circuit or failure of electrical machinery plant or
apparatus, attended by explosion or fire are causing structural
damage is thereto and involving its stoppage or disuse for not less
than five hours.
5. Explosion or fire affecting any room in which persons are employed
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and causing complete suspension of ordinary work therein for not
less than twenty-four hours.
6. Explosion of a receiver or container used for the storage at a pressure
greater than atmospheric pressure of any gas or gases (including air)
or any liquid of solid resulting from the compression of gas.
7. The explosion of any steam boiler, failure of fire tubes of steam tubes
or furnace collapse or fusible plug.
8. Accidental or otherwise, escape or leakage of dangerous or toxic
gases, fumes, liquid or substances injurious to health. SECOND SCHEDULE
(s. 22)
PRESCRIBED OCCUPATIONAL DISEASES
Description of disease or injury
Nature of occupation
Poison by: Any occupation involving
1. Lead or a compound of lead
The use or handling of or, exposure to the
fumes, dust or vapour of, lead or a compound
of lead, or substance containing lead.
2. Manganese or a compound of
manganese
The use or handling of, or exposure to the
fumes, dust or the vapour of manganese
or a compound, or a substance containing
manganese.
3. Phosphorus or phosphine or poisoning
due to the anti-cholinesterase action
of organic phosphorus compounds. The use or handling of, or exposure to the
fumes, dust or vapour of, phosphorus or a
substance containing for phosphorus.
4. Arsenic or compound of arsenic
The use of, handling of, or exposure to
the fumes, dust or vapour of, arsenic, or a
substance containing arsenic.
5. Mercury or a compound of mercury
The use or handling of, or exposure to
the fumes, dust or vapour of, mercury
or a compound of mercury or substance
containing mercury.
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6. Carbon bisulphide
The use or handling of, or exposure to the
fumes, dust or vapour of, carbon bisulphide,
or substance training cub on bisulphide
7. Benzene or a homologue of benzene The use or handling of, or exposure to the
fumes of, or vapour containing benzene or
any of its homologues.
8. A nitro- or amino- or chloroderivative of benzene or a
homologue of benzene or poisoning
by nitro-chloro-benzene.
The use or handling of, or exposure to the
fumes of, or vapour containing a nitro- or
amino- or chloro-derivative benzene or
nitrochlorobenzene.
9. Dinitrophenol or a homologue or by
substituted dinitrophenols or by the
salts of such substances The use or handling of, or exposure to the
fumes of, or vapour containing dinitrophenol
or a homologue or substituted dinitrophenols
or the salts of such substances.
10. Tetrachloroethane The use or handling of, or exposure
to the fumes of, or vapour containing,
tetrachloroethane.
11. Tri-cresylphosphate The use or handling of, or exposure
to the fumes of, or vapour containing
tricresylphosphate.
12. Tri-phenylphosphate The use or handling of, or exposure
to the fumes of, or vapour containing
triphenylphosphate.
13. Diethylene dioxide (dioxan ) The use or handling of, or exposure to the
fumes of, or vapour containing diethylene
dioxide (dioxan).
14. Methyl bromide The use or handling of, or exposure
to the fumes of, or vapour containing
methylbromide.
15. Chlorinated naphthalene
The use or handling of, or exposure to the
fumes of, or vapour containing chlorinated
naphthalene.
16. Nickel carbonyl Exposure to nickel carbonyl gas.
17. Nitrous fumes The use or handling of nitric acid or exposure
to nitrous fumes.
18. Gonioma Kamassi (African
Boxwood) The manipulation gonioma Kamassi or any
process in or incidental to the manufacture of
articles there from.
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19. Anthrax
The handling of wool, hair, bristles, hides or
skins or other animal products or residues, or
contact with animals infected with anthrax
20. Glanders
Contact with equine animals or their carcasses
21.(a) Infection by leptospira
icterohaemorrhagieae;
Work in places which are, or are liable to be,
infected by rats
(b) infection by leptospira canilola Work at dog kennels or the care or handling
of dogs
22. (a) Dystroply of the cornea
(including a ulceration of the
corneal surface)
(b) localized new growth of
the skin, papillomatuos or
keratotic
The use of, handling of, or exposure to
arsenic, tar, white, bitumen, mineral oil
(including kerosene), soot or any compound
product (including quinone or hydroquinone),
or residue of any of these substances.
(c) Squamous-celled carcinoma
of the skin due in any case to
arsenic, tar, pitch, bitumen,
mineral oil (including
(kerosene), soot or any
compound product (including
quinone or hydro-quinone
or residue of any of these
substances).
23. Inflammation, ulceration or
malignant disease of the skin or
subcutaneous tissues or of the bones
or blood dyscrasia, or cataract due
to electromagnetic radiations (other
than radiant heat), or ionizing
particles.
Exposure to electromagnetic radiations other
than radiant heat or to ionizing particles.
24. Heat cataract
Frequent or prolonged exposure to rays from
molten or red-hot materials.
25. Decompression sickness
26. Cramps of the hand or fore arm due
to repetitive movements.
27. Subcutaneous cellulitis of the hand
(beat hand ) Manual labour causing
severe or prolonged friction or
pressure on the hand.
Subjection to compressed or rarefied air.
Prolonged periods of handwriting, typing
or other repetitive movements of the fingers
or arm.
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28. Bursitis or subcutaneous cellulitis
arising at or about the knee due
to severe or prolonged external
friction or pressure at or about the
knee (beat knee)
Manual labour causing severe external
friction or pressure at or about the knee.
29. Bursitis or subcutaneous cellulitis
arising at or about the elbow due
to severe or prolonged external
friction or pressure at or about the
elbow (beat elbow).
30. Traumatic inflammation of the
tendon of the hand or forearm or the
associated tendon sheaths.
Manual labour or frequent or repeated
movement of the hands or wrist.
31. Poisoning by beryllium or a
compound of beryllium
Manual labour, or frequent or repeated
movement of the hand or wrist.
The use or handling of, or exposure to
the fumes, dust or vapor of beryllium or
compound beryllium, a substance containing
beryllium.
Rev. 2010]
Occupational Safety and Health
32. Primary neoplasm of the epithelial
lining of the urinary bladder.
No. 15
95
(a) Working the building in which any of the
following substances is produced for
commercial purposes:
(i) Alpha-naphthylamine or betanaphthylamine
(ii) Diphenyl substituted by at least one
nitro- or primary amino- group or
by at least one nitro- of a primary
amino-group.
(iii) Any of the substances mentioned in
subparagraph (ii) the father of ring
substituted by halogeno, methyl or
methoxy groups, but not by other
groups.
(iv) The salts of any of the substances
mentioned In subparagraphs (i) to
(iii)
(v) Auramine or magnet
(b) The use or handling of any of the
substances mentioned in sub- paragraphs
(i) to (iv) of paragraph (a), or work in
a process in which any such substance
is used or handled or the liberated.
The maintenance or cleaning of any plant
or machinery used in any such process as is
mentioned in paragraph (b), or the cleaning
of clothing used in any such building as is
mentioned in paragraph (a) if such clothing
is cleaned within the works of which
the building forms part or in the laundry
maintained and used solely in connection
with such works.
33. Poisoning by cadmium
34. Inflammation or ulceration of the
mucous membranes of the upper
respiratory passages or mouth
produced by dust, liquid or vapour.
Exposure to cadmium fumes
Exposure to dust, liquid or vapour.
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35. Non- infective dermatitis of
external origin (including chrome
ulceration of the skin but excluding
dermatitis due to ionising particles
or electromagnetic radiations other
than radiant heat)
Exposure to dust, liquid, or vapour or any
other external agent capable of irritating the
skin (including friction or heat but excluding
ionizing particles or electromagnetic
radiations other than radiant heat)
36. pulmonary disease due to the
inhalation of the dust of mouldy hay
of the mouldy vegetable produce
and characterized by symptoms and
signs attributable to a reaction in
the peripheral part of the bronchopulmonary system, and give rise
to a defect in the does exchange
(farmer’s lung)
Exposure to the dust of mouldy hay or other
mouldy vegetable produce by reason of
employment—
37. Primary malignant neoplasm
of the mesothelium (diffuse
mesothelioma) of the plaura or of
the peritoneum
(a) the working or handling of asbestos or
any admixture of asbestos;
(a) in agriculture, horticulture or forestry;
(b) loading or unloading or handling in
storage such hay or other vegetable
matter; or handling bagasse.
(b) The manufacture or repair of asbestosis
tiles or other articles containing or
composed of asbestos;
(c) The cleaning of any machinery or plant
used in any of the foregoing operations
and of any chambers, fixtures and
appliances for the collection of asbestos
dust;
Substantial exposure to the dust arising from
any of the foregoing operations.
38. Adeno-carcinoma of the nasal
cavity or associated air sinuses.
Attendance for work in or about a building
where wooden furniture is manufactured.
39. Pneumoconiosis (including silicosis
and asbestosis), byssinosis.
the mining, quarrying and dressing of
sandstone, slate and granite; any occupation
involving exposure to asbestos dust; iron and
steel foundry work; steel dressing; work in the
pottery industry; the manufacture of refractory
products such as silica bricks; any dusty
process which results in pneumoconiosis.
40.Various carcinoma.
Exposure to various chemicals or substances
which are known to be carcinogenic.
Rev. 2010]
Occupational Safety and Health
THIRD SCHEDULE
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97
(Section 27)
PROVISIONS AS TO THE CONDUCT OF BUSINESS AND
AFFAIRS OF THE COUNCIL
1. (1) A member of the Council, other than an ex officio member Tenure of office.
shall, subject to the provisions of this Schedule, hold office for a period
not exceeding three years, on such terms as may be specified in the
instrument of appointment, but shall be eligible for re-appointment for
one further term of three years.
(2) The members of the Council shall be appointed at different
times so that the respective expiry dates of their terms of office fall at
different times.
2. A member of the Council, other than an ex officio member, Vacation of office.
may—
(a) at any time resign from office by notice in writing to the
Minister;
(b) be removed from office by the Minister if the member—
(i) has been absent from three consecutive meetings of the
Council without the permission of the chairman;
(ii) is adjudged bankrupt or enters into a composition scheme
or arrangement with his creditors;
(iii) is convicted of an offence involving dishonesty or fraud;
(iv) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine
exceeding ten thousand shillings;
(v) is incapacitated by prolonged physical or mental illness
or is deemed otherwise unfit to discharge his duties as a
member of the Council; or
(vii) fails to comply with the provisions of this Act relating
to the safety and health of workers at an enterprise where
he holds interest as owner or occupier.
3. (1) The Council shall meet not less than four times in every
financial year and not more than four months shall elapse between the
date of one meeting and the date of the next meeting.
Meetings.
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(2) Notwithstanding the provisions of subparagraph (1), the
Chairman or any three other members of the Council may call a special
meeting at any time where it is deemed expedient for the transaction of
the business of the Council, by giving not less than seven days’ written
notice to the members.
(3) The members of the Council shall, at the first meeting of the
Council, elect from amongst their number, a vice-chairman.
(4) Unless three quarters of the total members of the Council
otherwise agree, at least fourteen days’ written notice of every meeting
of the Council shall be given to every member of the Council.
(5) The quorum for the conduct of the business of the Council
shall be eleven members excluding the Director.
(6) The Chairman shall preside at every meeting of the Council at
which he is present but, in his absence, the vice-chairman shall preside
and, in his absence, the members present shall elect one of their numbers
who shall, with respect to that meeting and the business transacted
thereat, have all the powers of the Chairman.
(7) Unless a unanimous decision is reached, a decision on any
matter before the Council shall be by a majority of votes of the members
present and, in the case of an equality of votes, the chairman or the
person presiding shall have a casting vote.
(8) Subject to subparagraph (5), no proceedings of the Council
shall be invalid by reason only of a vacancy among the members thereof.
(9) A resolution in writing or such resolutions consisting of several
documents in like form, each signed by the members of the Council,
shall be as valid and effectual as if it had been passed at a meeting of
the Council duly convened and held.
(10) Subject to the provisions of this Schedule, the Council may
determine its own procedures and the procedure for any committee of
the Council and for the attendance of any other persons at its meetings
and may make standing orders, inter alia, in respect of the procedure
for meetings and other business of the Council;
Disclosure of
interest.
4. (1) If a member is directly or indirectly interested in any
contract, proposed contract or other matter before the Council and is
present at a meeting of the Council at which the contract, proposed
contract or other matter is the subject of consideration, that member
shall, at the meeting and as soon as practicable after the commencement
thereof, disclose the fact and shall not take part in the consideration or
Rev. 2010]
Occupational Safety and Health
No. 15
discussion of, or vote on, any questions with respect to the contract or
other matter, or be counted in the quorum of the meeting during the
consideration of the matter:
Provided that, if the majority of the members present are of the
opinion that the experience or expertise of such member is vital to the
deliberations of the meeting, the Council may permit the member to
participate in the deliberations subject to such restrictions as it may
impose but such member shall not have the right to vote on the matter
in question.
(2) A disclosure of interest made under this paragraph shall be
recorded in the minutes of the meeting at which it is made.
5. The Council shall cause minutes of all resolutions and Minutes.
proceedings of meetings of the Council to be entered in books kept
for that purpose.
FOURTH SCHEDULE (s. 43 and 44)
PARTICULARS TO BE SUBMITTED BY OCCUPIER, OR
INTENDING OCCUPIER OF A WORKPLACE
1. The name of the workplace.
2. Address and location of the workplace.
3. Name of the occupier or intending occupier of the workplace.
4. The name and address of the owner of the premises or building.
5. The address to which communications relating to the workplace
may be sent.
6. Nature of the work carried on, or proposed to be carried on, in the
workplace.
7. The name of the manager of the workplace for the purposes of this Act.
8. The list of chemical substances used or intended to be used in the
workplace, the chemical and trade name including chemical safety
data sheet for each chemical substance.
9. Whether mechanical power is used or intended to be used and, if
so, its nature.
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10. Whether power presses are in use or intended to be used and if so,
the following particulars in respect of each power press—
(a) type, description and distinctive number;
(b) country and year of manufacture;
11. Whether passenger or goods lifts are used or intended to be used
and, if so, the following particulars in respect of each such lift—
(a) type, description and distinctive number;
(b) country and year of manufacture;
(c) date of the last thorough examination and name of the
person by whom the examination was made;
(d) maximum permissible working load.
12. Whether steam boilers are used or intended to be used and, if so,
the following particulars in respect of each such boiler—
(a) type, description and distinctive number;
(b) country and year of manufacture;
(c) date of the last thorough examination and name of the
person by whom the examination was made;
(d) maximum permissible working pressure in pounds per
square inch.
13. (a) Total number of persons employed, or intended to be employed,
in the workplace.
(b) Where persons are employed, or intended to be employed,
in shifts, the maximum number employed, or intended
to be employed, at any one time.
Rev. 2010]
Occupational Safety and Health
FIFTH SCHEDULE No. 15
(s. 44)
CERTIFICATE OF REGISTRATION OF A WORKPLACE
No. of Certificate …………………
Date of issue………....……………
I hereby certify that the workplace named below has been duly
registered in pursuance of section …………………….....…………
of the Occupational Safety and Health Act. Name of occupier ……....…………………………………………….
Address and location of workplace …….....………………………….
Nature of work …………………………....………………………….
……………………………………….. Director, Occupational Safety and
Health Services.
SIXTH SCHEDULE (s. 66)
REGISTER OF CHAINS, ROPES LIFTING TACKLE
AND LIFTING MACHINES
1. Name of the occupier of the workplace.
2. Address and location of the workplace.
3. Distinguishing number of mark and description sufficient to identify
the chain, rope lifting tackle or lifting machine.
4. Date when the chain, rope lifting tackle, or lifting machine, was first
taken into use in the workplace.
5. Date of each examination made under section 64 (1) (d) or section
65 (2), as the case may be, and the name of the person who carried
out the examination.
6. Particulars of any defect found at any examination and affecting
the safe working load, and of the steps taken to remedy the defect.
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7. Date and number of the certificate relating to any test and examination
carried out under section 64 (1) (e) or section 65 (3), as the case may
be, together with the name and address of the person who issued the
certificate.
8. In the case of chains and lifting tackle (except rope slings), dates of
annealing or other heat treatment.
SEVENTH SCHEDULE (s. 67 (10))
THE MANNER OF PREPARING A STEAM BOILER FOR
EXAMINATION WHEN IT IS COLD
1. In addition to the steps required to be taken under paragraph
(2) of this Schedule, the preparation of the interior and exterior of a
boiler (including, where fitted, and economizer and super heater) for
examination when cold under section 67 shall consist of all or any of
one or more of the following steps—
(a) the opening out, cleaning and descaling of the boiler,
including the removal of doors from mudholes, manholes
and handholes;
(b) the removal of firebars; (c) in the case of shells type boilers, the dismantling of
firebridges (if made of brick) and all furnace protective
brickwork; and
(d) the opening out for cleaning and inspection of fittings
including the pressure parts of automatic controls; and
(e) in the case of water tube boilers, the removal of drum
internal fittings, and if the person making the examination
may require other preparations to be made. 2. All brickwork, baffles and coverings shall be removed for
the purpose of the thorough examination to the extent required by the
person carrying out the examination but in any case these parts shall
be removed to the extent necessary to expose headers, seams and shells
of drums at least—
(a) once in every six years in the case of a steam boiler situated
in the open or exposed to the weather of damp; and
(b) once in every ten years in the case of every other team boiler. Rev. 2010]
Occupational Safety and Health
EIGHTH SCHEDULE No. 15
(s. 102)
PROCESSES REQUIRING PROVISION OF SUITABLE
GOGGLES OR EFFECTIVE SCREENS
1. Dry grinding of metals, or articles of metal, applied by hand
to a revolving wheel or disc driven by mechanical power.
2. Turning (external or internal) of non-ferrous metals, or of cast
iron, or of articles of such metals or such iron, where the work is done
dry, other than precision turning where the use of goggles or a screen
would seriously interfere with the work, or turning by means of hand
tools.
3. Welding or cutting of metals by means of an electrical
oxyacetylene or similar process.
4. The following processes when carried on by means of hand
tools or other portable tools—
(a) fettling of metal castings involving the remove of metal;
(b) cutting out or cutting off (not including drilling or punching
back) of cold rivets or bolts from boilers or other plant or
from ships;
(c) chipping or scaling of boilers or ships’ plates;
(d) breaking or dressing of stone, concrete or slag.
NINTH SCHEDULE (s. 105)
PARTICULARS TO BE SUBMITTED BY OCCUPIER OF
PREMISES (OTHER THAN A WORKPLACE) IN WHICH A
STEAM BOILER IS USE
1. Name of the occupier of the premises.
2. Address and location of the premises.
3. Nature of the work carried on in the premises.
4. The following particulars in respect of each steam boiler in use—
(a) type, description and distinctive number;
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(b) country and year of manufacture;
(c) date of the last thorough examination and name of the person
by who the examination was made;
(d) maximum permissible working pressure in pounds per
square inch.
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[Subsidiary]
SUBSIDIARY LEGISLATION
Rules under sections 26 and 55
THE FACTORIES (WOODWORKING MACHINERY) RULES
L.N. 431/1959.
Part I—Preliminary
1. These Rules may be cited as the Factories (Woodworking Machinery) Citation.
Rules.
2. In these Rules—
Interpretation.
“circular saw” means a circular saw working in a bench (including a rack
bench) for the purpose of ripping, deep cutting or cross cutting, but does not
include a swing saw or other saw which is moved towards the wood;
“gauge” means the Imperial Standard Wire Gauge;
“pendulum saw” means a swing saw which is suspended from a pivot
above a table, bench or other support on which wood is placed and which is
operated by being pulled across such table, bench or other support;
“plain band saw” means a band saw, other than a band mill or band resaw, the cutting portion of which runs in a vertical direction;
“planing machine” includes a machine for overhand planing, thicknessing,
moulding, matching or tenoning or any two or more of these operations, but
does not include a vertical spindle moulding machine;
“woodworking machine” means a circular saw, pendulum saw, plain
band saw, band mill, band re-saw, planing machine, vertical spindle moulding
machine, routing machine or chain mortising machine operating on wood.
3. (1) These Rules shall apply to all factories in which any woodworking
machine is used.
Application.
(2) If the chief inspector is satisfied in respect of any factory that, owing
to the special conditions of the work or otherwise, any of the requirements of
these Rules can be suspended or relaxed without danger to the persons employed
therein, he may by certificate in writing (which he may at his discretion revoke)
authorize such suspension or relaxation as may be indicated in the certificate
for such period and on such conditions as he may think fit.
4. It shall be the duty of the occupier of every factory to which these Rules Duties.
apply to observe Part II of these Rules; and it shall be the duty of all persons
employed in every such factory to observe Part III of these Rules.
106
[Subsidiary]
Floors.
Circular saws.
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[Rev. 2010
Part II—Duties of Occupiers
5. The floor surrounding every woodworking machine shall be maintained
in a good and level condition and, as far as practicable, free from chips or other
loose material and shall not be allowed to become slippery.
6. Every circular saw shall be fenced as follows—
(a) the part of the saw below the bench table shall be protected by
two plates of metal or other suitable material, one on each side of
the saw; such plates shall not be more than six inches apart and
shall extend from the axis of the saw outwards to a distance of not
less than two inches beyond the teeth of the saw; metal plates, if
not beaded, shall be of a thickness at least equal to 14 gauge, or, if
beaded, be of a thickness at least equal to 20 gauge;
(b) behind and in a direct line with the saw there shall be a riving knife,
which shall be at its greatest thickness not less than the thickness of
the saw blade and less than the width of the saw kerf, and which shall
have a smooth surface, shall be strong, rigid and easily adjustable,
and shall also conform to the following requirements—
(i) the edge of the knife nearer the saw shall form an arc of a circle
having a radius not exceeding the radius of the largest saw
used on the bench;
(ii) the knife shall be maintained as close as practicable to the saw,
having regard to the nature of the work being done at the time,
and at the level of the bench table the distance between the
front edge of the knife and teeth of the saw shall not exceed
half an inch;
(iii) for a saw of a diameter of less than twenty-four inches, the knife
shall extend upwards from the bench table to within one inch of
the top of the saw, and for a saw of a diameter of twenty-four
inches or more shall extend upwards from the bench table to a
height of at least nine inches;
(c) the top of the saw shall be covered by a strong and easily adjustable
guard, with a flange at the side of the saw farthest from the fence;
the guard shall be kept so adjusted that the said flange shall extend
below the roots of the teeth of the saw; and the guard shall extend
from the top of the riving knife to a point as low as practicable at
the cutting edge of the saw.
Push-sticks for use at
circular saws.
Pendulum saws.
7. A suitable push-stick shall be kept available for use at the bench of
every circular saw which is fed by hand, to enable the work to be carried on
without unnecessary risk.
8. The following provisions shall apply to every pendulum saw—
(a) the top half of the saw shall be completely and securely covered
by sheet metal or other suitable material;
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[Subsidiary]
(b) the work table, bench or support shall be of rigid construction and
shall incorporate a suitable back rail against which the stock may
be rested during sawing;
(c) there shall be provided and maintained an efficient device which
automatically returns the saw to the back position when released at
any point of its travel; such device shall not depend for its proper
functioning on any fibre rope; the saw shall not be deemed to be
in the back position until the front edge of the saw is at least one
inch behind the front edge of the back rail;
(d) when the saw is in the back position it shall be enclosed or otherwise
securely guarded as far as practicable;
(e) limit chains or other effective devices shall be provided and
maintained to prevent the front edge of the saw from travelling
beyond the front edge of the work table, bench or support.
9. Every plain band saw shall be guarded as follows—
Plain band saws.
(a) both sides of the bottom pulley shall be completely encased by
sheet metal or other suitable material;
(b) the front of the top pulley shall be covered with sheet metal or
other suitable material;
(c) all portions of the blade shall be enclosed or otherwise securely
guarded, except the portion of the blade between the table and the
top guide.
10. (1) The blade of every band mill or band re-saw shall be enclosed or
otherwise securely guarded as far as practicable.
Band mills and band
re-saws.
(2) In the case of a band mill or band re-saw the cutting portion of which
runs in a vertical direction—
(a) both sides of the bottom pulley shall be completely encased by
sheet metal or other suitable material; and
(b) the front of the top pulley shall be covered with sheet metal or
other suitable material.
(3) In the case of a band mill or band re-saw the cutting portion of which
runs in a horizontal direction, the front of both pulleys shall be covered with
sheet metal or other suitable material.
11. Every planing machine which is not mechanically fed and is intended
to be used for overhand planing shall be fitted with a cylindrical cutter block.
Cutter blocks of
overhand planing
machines.
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[Subsidiary]
“Bridge” guards for
overhand planing
machines.
Planing machines
used for thicknessing,
moulding, matching
or tenoning.
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[Rev. 2010
12. Every planing machine intended to be used for overhand planing
shall be provided with a “bridge” guard capable of covering the full length
and breadth of the cutting slot in the bench and so constructed as to be easily
adjusted in both a vertical and a horizontal direction.
13. Every planing machine intended to be used for thicknessing,
moulding, matching or tenoning shall be provided with guards which shall
enclose—
(a) the cutters; and
(b) the feed rollers,
as far as practicable.
Vertical spindle
moulding machines
and routing
machines.
Jigs and holders
for use at vertical
spindle moulding
machines and routing
machines.
14. The cutter of every vertical spindle moulding machine and of every
routing machine shall, whenever practicable, be provided with the most efficient
guard having regard to the nature of the work which is being performed.
15. For such work as cannot be performed with an efficient guard for the
cutter, the wood being worked at a vertical spindle moulding machine or routing
machine shall, if practicable, be held in a jig or holder of such construction as
to reduce, as far as possible, the risk of accident to the worker.
“Spikes” for use
at vertical spindle
moulding machines
and routing
machines.
16. A suitable “spike” or push-stick shall be kept available for use at the
bench of every vertical spindle moulding machine and of every routing machine.
Chain mortising
machines.
17. The chain of every chain mortising machine shall be provided with
a guard which shall enclose the cutters as far as practicable.
Maintenance and
adjustment of guards.
18. The guards and other appliances required by these Rules shall be
maintained in an efficient state and shall be constantly kept in position while the
machinery is in motion, except when, owing to the nature of the work being done,
the use of the guards or appliances is rendered impracticable; the guards shall
be so adjusted as to enable the work to be carried on without unnecessary risk.
Certain rules not to
apply when other
safeguards provided.
19. Rules 6, 8, 9, 10, 12 and 13 of these Rules shall not apply to any
woodworking machine in respect of which it can be shown that other safeguards
are provided and maintained which render the machine equally safe as it would
be if guarded in the manner prescribed by these Rules.
Part III—Duties of Persons Employed
Duties of persons
employed.
20. Every person employed on a woodworking machine shall—
(a) use and maintain in proper adjustment the guards provided in
accordance with these Rules; and
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[Subsidiary]
(b) use the “spikes” or push-sticks and holders provided in compliance
with rules 7, 15 and 16 of these Rules,
except when, owing to the nature of the work being done, the use of the guards
or appliances is rendered impracticable.
Part IV—Disposal of Woodworking Machinery
21. The provisions of subsection (2) of section 26 of the Act (which Disposal of
prohibits the sale or letting on hire of certain machines which do not comply woodworking
with the provisions of that section) shall extend to any machine, being a circular machinery.
saw, plain band saw, planing machine or chain mortising machine, that does
not comply with the requirements of rule 6, rule 9, rule 11, rule 12, rule 13 or
rule 17, as the case may be, of these Rules:
Provided that this rule shall not apply in the case of any circular saw,
plain band saw or planing machine in respect of which it can be shown that other
safeguards are provided which render it equally safe as it would be if provided
with the guards and other appliances required by these Rules.
Order under sections 30 (2), 37 (8) and (9), 38 (5) and 39 (4)
THE FACTORIES (EXAMINATION OF PLANT) ORDER
1. This Order may be cited as the Factories (Examination of Plant) Order.
Part I—Preparation of Steam Boilers for Examination
2. Any person who desires that an examination of a steam boiler should
be carried out for the purposes of section 37 of the Act shall provide such
facilities for the examination of the interior and exterior of the boiler and for
hammer testing, drilling, lifting, hydraulic testing, steam trial or other means
of testing as may be required by the authorized boiler inspector carrying out
the examination, and, without prejudice to the generality of the foregoing,
shall cause—
(a) the steam boiler to be thoroughly opened up and all flues and other
parts to be thoroughly cleaned and scaled;
(b) all doors of man-holes, mud-holes and hand-holes to be taken off;
(c) brickwork, composition covering, fire-bars, fire-bridges, tubes
and stays to be removed to the extent required by the authorized
boiler inspector;
(d) all junction valves, feed valves and safety valves to be taken apart
and cleaned.
G.N. 958/1951.
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Part II—Reports of Results of Examinations
3. The report of the result of every examination of a hoist or lift, steam
boiler, steam receiver or air receiver shall be in the form of, and contain the
particulars specified in, forms printed and published by the Government Printer,
and bearing the following respective numbers:—
(a) for hoists or lifts ..
..
..
..
(b) for steam boilers when cold
..
..
..
(c) for economizers when cold
..
..
..
(d) for superheaters when cold
..
..
..
(e) for steam boilers under normal steam
pressure
..
..
..
(f) for steam tube ovens or steam tube hotplates .. ..
(g) for steam receivers
..
..
..
..
(h) for air receivers
..
..
..
..
(i) for steam receivers or air receivers under normal
pressure
..
..
..
..
L .D. Form 210
L.D. Form 211
L.D. Form 212
L.D. Form 213
L.D. Form 214
L.D. Form 215
L.D. Form 216
L.D. Form 217
L.D. Form 218
Exceptions under section 30 (10)
L.N. 280/1956,
L.N. 12/1958,
L.N. 325/1964.
The class or description of hoist or hoistway specified in the first column
hereunder are excepted from the requirements of section 30 of the Act specified in
the second column hereunder, subject however to the conditions and limitations
set opposite thereto in the third column hereunder; and in these exceptions “hoist”
and “hoistway” include “lift” and “liftway” respectively.
Class or description of hoist or
hoistway
Requirements of section 30
which shall not apply
Conditions or limitations
1. Hoistways of pavement
Subsection (3), in so far as it The hoistway shall be
hoists, that is to say, hoists
requires the hoistway to be
securely covered or
in the case of which the top
protected by an enclosure
securely fenced at the top
and gate at or above the top landing except when and
landing is the surface of a
street or public place, or of a
landing.
where access is required for
yard or other open space where Subsection (4), except in the persons, goods or materials.
Every gate shall be kept
persons are required to pass.
case of a hoist with more
than one landing other than closed and fastened except
the top landing.
when the cage or platform
is at the landing.
2. Hoistways of hoists of
movable type which are used
for the stacking, loading
or unloading of goods or
materials but not for carrying
persons and which do not pass
through any floor.
Subsections (3) and (4).
—
Rev. 2010]
Occupational Safety and Health
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111
[Subsidiary]
Class or description of hoist or
hoistway
Requirements of section 30
which shall not apply
3. Hoistways of hoists not
of movable type which are
used for the stacking, loading
or unloading of goods or
materials, and which do not
pass through any floor, and in
the case of which the height of
travel of the cage or platform
exceeds five feet.
Subsections (3) and (4).
4. Hoistways of hoists not of
movable type which do not
pass through any floor, and in
the case of which the height of
travel of the platform does not
exceed five feet.
Subsections (3) and (4).
5. Hoistways of hoists used
solely for lifting material
directly into a machine.
Subsections (3) and (4).
Conditions or limitations
The hoistway shall, so far as
is reasonably practicable, be
protected at ground or floor
level by an enclosure not
less than 7 ft. in height and
fitted with a gate or gates
in connexion with which
subsection (4) shall apply;
and if the hoist is used for
carrying persons it shall be
provided with a cage.
A gate or gates or other fittings
shall be provided to prevent
any person being endangered
by the underside of the
platform.
—
6. Hoistways of hoists which
Subsection (4).
are not used for carrying
persons and into or from which
goods or materials are not
loaded or unloaded except at a
height of not less than 2 ft. 9.
in above the level of the floor
or ground where the loading or
unloading is performed.
This exception shall not apply
to any gate unless there is a
fixed enclosure not less than
2 ft. 9 in. in height below
the bottom of the gate and
reaching down to the level
of the floor or ground; and
every gate to which this
exception does apply (i) shall
be fitted with an efficient
device to secure that the
cage or platform cannot be
raised or lowered unless
the gate is closed, and will
come to rest when the gate
is opened, or, (ii) where it is
not reasonably practicable to
fit such a device, shall be kept
closed and fastened except
when the cage or platform is
at rest at the gate.
7. Hoists which are not
Subsection (5).
connected with mechanical
power and which are not used
for carrying persons, and the
enclosures of the hoist-ways of
such hoists.
—
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[Subsidiary]
Class or description of hoist or
hoistway
8. Hoists mainly used for
raising materials for charging
lime-kilns.
Requirements of section 30
which shall not apply
Subsection (3), in so far
as it requires a gate at the
bottom landing; subsection
(4); subsection (5); and
paragraph (b) of subsection
(7).
Conditions or limitations
—
All.
9. Hoists or lifts used in
premises in or adjacent to and
belonging to a quarry or mine,
being premises in which the
only process carried on is a
process ancillary to the getting,
dressing or preparation for sale
of minerals.
—
10. Hoists or lifts used solely
in connexion with a building
operation as defined in section
6 of the Ordinance.
All.
—
11. Hoists or lifts used solely
in in connection with a work
of engineering construction as
defined in section 6 of the Act.
All.
—
12. Hoists used for transferring
vehicles from one floor
or level to another in the
working of a semi-automatic
car parking system operated
without attendants on the
parking floors or levels.
Subsections (3) and (4),
(1) No person shall operate
except at those floors or
or travel on the hoist unless
levels where there is access he has been so authorized by
for the purpose of leaving
the occupier by certificate
or collecting vehicles.
attached to the general
register.
Subsection (5), except in
(2) When the hoist is in motion
so far as it relates to the
no person shall be in such a
counter-balance weight.
position that he is in danger
Subsection (7) (b).
of being trapped between any
part of the hoist and any fixed
structure.
Rev. 2010]
Occupational Safety and Health
No. 15
Exceptions under section 31 (1) (f)
The following classes of chain and lifting tackle are exempted from the
requirements of section 31 (1) (f) as to annealing:—
1. Chains made of malleable cast iron.
2. Plate link chains.
3. Chains, rings, hooks, shackles and swivels made of steel or any non-ferrous
metal.
4. Pitched chains working on sprocket or pocketed wheels.
5. Rings, hooks, shackles and swivels permanently attached to pitched chains,
pulley blocks or weighing machines.
6. Hooks and swivels having screw-threaded parts or ball bearings or other
case-hardened parts.
7. Socket shackles secured to wire ropes by white metal capping.
8. Bordeaux connections.
9. Any chain or lifting tackle which has been subjected to the heat treatment
known as “normalizing” instead of annealing.
113
[Subsidiary]
L.N. 281/1956.
114
No. 15
[Subsidiary]
L.N. 273/1956,
L.N. 274/1956,
L.N. 275/1956,
L.N. 223/1964,
L.N. 130/1969.
Occupational Safety and Health
[Rev. 2010
Exceptions under section 40
The types of steam boiler specified in the first column hereunder are
excepted from the requirements of section 37 of the Act specified in the second
column hereunder, subject however to the conditions and limitations set opposite
thereto in the third column hereunder.
Types of steam boiler
Requirements of
section 37 which
shall not apply
Conditions or limitations
1. Electrode steam boilers.
Subsection 2 (c).
—
2. Externally fired steam boilers.
Subsection 2 (c).
—
3. Steam boilers in which steam Subsection 2 (c).
is generated solely by means of
steam or hot water under pressure
passing through a pipe or coil
contained in the boiler.
—
4. Domestic pressure cookers All.
designed for operation at a steam
pressure not exceeding 20 pounds
per square inch, and having a total
internal volume not exceeding
5 imperial gallons, and (where
used in a factory) complying in
all respects with British Standard
No. 1746 of 1951.
5. Autoclaves.
6. Dental vulcanizers.
7. Vulcanizers used for the
repair of rubber tyres, except
a vulcanizer connected with
any other plant or capable of
containing a whole tyre.
8. Steam calenders in which
steam is generated by means
of an immersion heater.
Subsection (2) (a)
(iv).
9. Autoclaves and steam calenders Subsection (2) (c).
in which steam is generated by
means of an immersion heater.
10. Dental vulcanizers.
Subsection (2) (a)
(i) and so much of
subsection (8) as
applies to a safety
valve.
Steam or water contained in any
such boiler shall not be drawn off,
nor permitted to escape while the
boiler is being heated, except such
steam as may escape from a safety
valve, fusible plug or bursting disc,
as the case may be:
Provided that the use of any test
cock or valve fitted at or above the
normal water level for the purpose
of ascertaining or adjusting the
height of the water shall be deemed
not to contravene this condition.
—
(1) Each such steam boiler shall be
fitted with two suitable pressure
relieving appliances to prevent the
boiler being worked at a pressure
greater than the maximum permissible
working pressure.
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115
[Subsidiary]
Types of steam boiler
Requirements of
section 37 which
shall not apply
Conditions or limitations
(2) The appliances provided in pursuance
of condition (1) shall be properly
maintained, and be renewed once at least
in every alternate period of 14 months.
11. The waste heat steam boiler Subsection (7) to The steam boiler shall be examined by an
operating in conjunction with t h e e x t e n t t h a t authorised boiler inspector at least once
the distillation unit charge heater i t r e q u i r e s t h e in every period of twenty-six months.
installed at the refinery of Messrs. steam boiler to be
East African Oil Refineries Ltd., examined by an
Changamwe, Mombasa.
authorized boiler
inspector at least
once in every period
of fourteen months.
12. Steam tube ovens and steam Subsections (2), (8).
tube hotplates used for the baking
or heating of food.
(1) In the case of an oven—
(a) a thermometer for the purpose of
indicating the temperature of the
oven shall be fitted in a suitable
position where it is easily visible,
and shall be properly maintained;
and an oven having more than one
furnace or more than one baking
chamber shall be fitted with at least
one thermometer as aforesaid in
respect of each furnace or of each
baking chamber;
(b) the ordinary maximum working
temperature of the oven shall be
marked in a distinctive colour on
each thermometer;
(c) the oven shall not be worked at a
higher temperature than the ordinary
maximum working temperature
unless a certificate has been obtained
from the makers, and is kept
available for inspection, certifying
that the oven can safely be used at a
higher temperature than the ordinary
maximum working temperature and
specifying the conditions, including
the maximum permissible working
temperature, subject to which it
may be so used, and unless all such
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Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Types of steam boiler
Requirements of
section 37 which
shall not apply
Conditions or limitations
(2) In the case of a hotplate—
(a ) a c orre c t s te a m pre s s ure
gauge, easily visible and properly
maintained, shall be fitted to at
least one of the tubes and shall
be provided with an arrangement
for recording the highest pressure
generated in that tube at any time;
and the maximum permissible
working pressure shall be marked in
a distinctive colour on each pressure
gauge;
(b) the hotplate shall not be worked at
a higher pressure than the maximum
permissible working pressure.
(3) The brickwork surrounding the
tubes in the furnace, whether of an
oven or hotplate, shall be properly
maintained so as to prevent excessive
exposure of tubes to the fire or flame.
(4) Accumulations of dust, soot or
other deposit shall be removed by
brushing or other effective means
from the flues and tubes of each
oven or hotplate; and in the case of
an oven or hotplate fired with solid
fuel such removal shall be carried
out at intervals of not longer than
three months.
(5) Every tube fitted to an oven or
hotplate after the 1st March, 1952,
shall, before sealing up, have been
properly tested by hydraulic pressure,
and such a certificate may relate to
tests of more than one tube, and a
certificate of such test, specifying
the test pressure applied and signed
by the person making or supervising
such test, shall be kept attached to the
general register.
(6) Instructions for working the oven
or hotplate, supplied by the maker of
the oven or hotplate, shall be affixed
on a placard prominently displayed
near the working place at the oven
or hotplate:
Rev. 2010]
Occupational Safety and Health
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117
[Subsidiary]
Types of steam boiler
Requirements of
section 37 which
shall not apply
Conditions or limitations
Provided that, where it is not reasonably
practicable to obtain such instructions
from the actual maker of the oven
or hotplate, it shall be sufficient to
obtain them from a competent person
engaged in the business of making
steam tube ovens or steam tube
hotplates, as the case may be.
13. Steam boilers known as Subsection (2) (a) (i).
“ Va c o m a t i c B o i l i n g P a n s ”
manufactured by James Stott &
Co. (Engineers) Ltd., Vernon
Works, Rayton, Near Oldham,
England, being either externally
fired or internally heated by
electric immersion heaters.
Each pan shall have attached to it
a bursting disc which shall be so
designed as to prevent the pan being
worked at a greater pressure than
the maximum permissible working
pressure and such bursting disc shall
be renewed at intervals not exceeding
5 years.
Subsection (2) (a)
(iv) and (2) (c).
The manufacturer’s instructions for
working the pan shall be affixed to
a placard and prominently displayed
near the working place at the pan.
The types of steam receiver specified in the first column hereunder are
excepted from the requirements of section 38 of the Act specified in the second
column hereunder, subject however to the conditions and limitations set opposite
thereto in the third column hereunder.
L.N. 276/1956,
L.N. 277/1956,
L.N. 87/1964.
Part A
Types of steam receiver
Requirements
of section 38
which shall not
apply
1. Steam traps, steam A l l e x c e p t
separators or dryers, subsection (1).
steam strainers, steam
de-superheaters and oil
separators.
Conditions and limitations
If not so constructed as to withstand with
safety the maximum pressure that can be
obtained therein, shall be fitted with a suitable
safety valve so adjusted as to permit the
steam to escape as soon as the pressure which
such receiver can withstand with safety is
exceeded. Such safety valve may be fitted
in the pipe connecting such receiver with the
source of supply.
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Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Types of steam receiver
Requirements
of section 38
which shall not
apply
(1) (a) Every steam receiver connected to any
source of steam supply by a pipe in which
the maximum steam pressure which can be
obtained does not exceed—
2. Steam receivers of the
type specified in this
paragraph and used in
the following industries:
laundries; job dyeing;
dry cleaning; and
manufacture, repair,
cleaning or renovating
of wearing apparel—
(i) the maximum pressure specified by the
maker which such receiver is constructed
and maintained to withstand with safety; or
(ii) if the maximum pressure is not so specified
by the maker, the maximum pressure
specified by an authorized boiler inspector
after he has obtained such particulars of
the construction of the receiver as may be
necessary and made such examination of the
receiver as is reasonably practicable,
(a) steam-heated heads
and beds of garmentpressing machines, but
not including any such
machine having a roll
or cylinder, nor any
in which the pressing
operation is effected
by means of a handoperated screw;
shall comply with conditions (2) and (3).
(b) steam-heated portable
hand irons.
3. Steam receivers of the
following types—
(a) steam-heated tools
and dies, heads, moulds,
beds or platens of
presses, and steamheated dies of machines
used for extruding
material in a plastic
state, but not including
such steam receivers
in which the steam
passages are drilled nor
any presses in which
the pressing operation
is effected by means of
a hand-operated screw;
(b) any air heater used
in conjunction with a
fan; radiators (including
“columnar” radiators)
and tubular driers with
headers.
Conditions and limitations
All.
(b) If the steam pressure which can be
obtained in the pipe connecting a steam
receiver with any source of steam supply
exceeds the specified maximum pressure for
the receiver ascertained in accordance with
the foregoing paragraph (a), such receiver
shall comply with conditions (2), (3) and (4).
(c)The specification of the maximum pressure
of every steam receiver in accordance with
the foregoing paragraph (a) shall bear the
signature, address and number and date of the
certificate of authorization of the authorised
boiler inspector so specifying, and be entered
into or attached to the general register.
(2) Every part of every steam receiver shall
be of good construction, sound material
and adequate strength, and free from patent
defect.
(3) Every steam receiver and its fittings shall
be properly maintained.
(4) Every such steam receiver to which this
condition applies shall be fitted with—
(a) a suitable reducing valve or other suitable
automatic appliance to prevent the specified
maximum pressure being exceeded; and
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119
[Subsidiary]
Types of steam receiver
Requirements
of section 38
which shall not
apply
Conditions and limitations
(b) a suitable safety valve so adjusted as to
permit the steam to escape as soon as the
specified maximum pressure is exceeded,
or a suitable appliance for cutting off
automatically the supply of steam as soon
as the specified maximum pressure is
exceeded; and
(c) a correct steam pressure gauge, which
must indicate the pressure of steam in the
receiver in pounds per square inch; and
(d) a suitable stop valve.
(5) Except where only one steam receiver
is in use, each steam receiver shall bear a
distinctive number.
(6) The safety valve and pressure gauge shall
be fitted either on the steam receiver or on
the supply pipe between the receiver and
the reducing valve or other appliance to
prevent the specified maximum pressure
being exceeded.
(7) Any set of receivers supplied with steam
from a single pipe and forming part of a
single machine may, for the purposes of
the foregoing requirements, be treated as
one receiver, and any other set of receivers
supplied with steam through a single pipe
may be treated as one receiver except that
each receiver shall be fitted with a suitable
stop valve: Provided that the reducing valve
or other appliance to prevent the specified
maximum pressure being exceeded shall be
fitted on the said single pipe.
(8) The aforesaid fittings shall be thoroughly
examined by an authorized boiler inspector
at least once in every period of twenty-six
months and a report of the result of every
such examination, containing the particulars
specified in the Appendix hereunder, shall be
signed by the authorized boiler inspector and
thereafter entered in or attached to the general
register. The report may deal with a group of
similar receivers supplied with steam from
the same source.
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Occupational Safety and Health
[Subsidiary]
[Rev. 2010
Appendix
Particulars of Result of Examination of Fittings of Steam Receivers
of the types specified in Part A of the Exceptions from the Requirements of
section 38 of the Factories Act.
(1) Name of occupier.
(2) Address of factory.
(3) Receivers—
(a) Description of receiver or group of similar receivers supplied
with steam from the same source (state the distinctive numbers
of the receivers in each group).
(b) Maximum pressure of steam at source of supply.
(c) Maximum pressure which the receiver(s) is/are constructed to
withstand with safety (as specified in accordance with condition
(1) of the Conditions and Limitations), and by whom specified.
(4) Fittings—
(a) Are all the required fittings provided, properly maintained and
in good condition?
(b) Repairs (if any) and period within which they should be executed.
(c) Date of examination when cold.
(d) Date of examination when under normal pressure.
(5) Name, address and number and date of the Certificate of
Authorization of the authorized boiler inspector making examination.
Rev. 2010]
Occupational Safety and Health
No. 15
[Subsidiary]
Part B
Requirements of
section 38 which
shall not apply
Types of steam receiver
1. Steam receivers used in the following
industries, namely, laundries,
job dyeing, dry cleaning, and
manufacture, repair, cleaning or
renovating of wearing apparel, and
being any steam-heated “form” or
“shape” for finishing an individual
garment or part of a garment, eg.
sleeve, collar, cuff, neckband, glove
or hosiery.
121
Conditions or
limitations
1. Every part of every
steam receiver
shall be of good
construction, sound
material, adequate
strength, and free
from patent defect.
All.
2. Steam receivers of the following
types in which the steam passages
are drilled—
steam-heated tools and dies,
heads, moulds, beds, and platens of
presses, and steam-heated dies of
machines used for extruding material
in a plastic state.
2. Every steam
receiver and its
fittings shall
be properly
maintained.
L.N. 278/1956,
The types of air receiver specified in the first column hereunder are L.N. 279/1956.
excepted from the requirements of section 39 of the Act specified in the second
column hereunder, subject however to the conditions and limitations set opposite
thereto in the third column hereunder.
Types of air receiver
Requirements
of section 39
which shall not
apply
1. The type of air receiver known
All.
as the air pressure tank used in
conjunction with a fire sprinkler
installation.
2. Air receivers surrounded by a Subsection (4).
coiled cooling pipe and wholly
or mainly immersed in a tank
containing water which are used
in conjunction with Monotype
Casting Machines.
Conditions or
limitations
—
The maximum working
pressure of the air
receiver shall not
exceed 20 lb. per
square inch, and the
capacity shall not
exceed 3 cubic feet.
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Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Order under section 50
G.N. 974/1951,
L.N. 666/1963.
THE FACTORIES (FIRST-AID) ORDER
1. This Order may be cited as the Factories (First-Aid) Order.
2. The first-aid boxes or cupboards required by section 50 (1) of the
Act to be provided and maintained in factories shall comply with the following
standards—
(a) for factories in which the number of persons employed does not
exceed ten, each first-aid box or cupboard shall contain at least—
(i) a copy of the first-aid leaflet (L.D. 250/1) issued by the Labour
Department;
(ii) a sufficient number (not less than six) of small sterilized unmedicated dressings for injured fingers;
(iii) a sufficient number (not less than three) of medium-sized sterilized unmedicated dressings for injured hands or feet;
(iv) a sufficient number (not less than three) of large sterilized
unmedicated dressings for other injured parts;
(v) a sufficient number (not less than twelve)of adhesive wound
dressings of a suitable type and of assorted sizes;
(vi) a sufficient number (not less than two) of triangular bandages
of unbleached calico, the longest side of which measures not
less than fifty-one inches and each of the other sides not less
than thirty-six inches;
(vii) a sufficient supply of adhesive plaster;
(viii) a sufficient supply of absorbent sterilized cotton wool, in
half-ounce packets;
(ix) a sufficient supply of Factory Eye Drops, B.P.C.;
(x) a sufficient number (not less than two)of sterilized eye-pads in
separate sealed packets;
(xi) a tourniquet;
(xii) a supply of safety pins;
(b) for factories in which the number of persons employed exceeds
ten but does not exceed fifty, each first-aid box or cupboard shall
contain at least—
Rev. 2010]
Occupational Safety and Health
No. 15
(i) a copy of the first-aid leaflet (L.D. 350/1) issued by the Labour
Department;
(ii) a sufficient number (not less than twelve) of small sterilized
unmedicated dressings for injured fingers;
(iii) a sufficient number (not less than six) of medium-sized sterilized unmedicated dressings for injured hands or feet;
(iv) a sufficient number (not less than six) of large sterilized unmedicated dressings for other injured parts;
(v) a sufficient number (not less than twenty-four) of adhesive
wound dressings of a suitable type and assorted sizes;
(vi) a sufficient number (not less than four) of triangular bandages
of unbleached calico, the longest side of which measures not
less than fifty-one inches and each of the other sides not less
than thirty-six inches;
(vii) a sufficient supply of adhesive plaster;
(viii) a sufficient supply of absorbent sterilized cotton wool, in
half-ounce packets;
(ix) a sufficient supply of Factory Eye Drops, B.P.C.;
(x) a sufficient number (not less than four) of sterilized eye-pads
in separate sealed packets;
(xi) a tourniquet;
(xii) a supply of safety pins;
(c) for factories employing more than fifty persons, each first-aid box
or cupboard shall contain at least—
(i) a copy of the first-aid leaflet (L.D. 250/1) issued by the Labour
Department;
(ii) a sufficient number (not less than twenty-four) of small sterilized unmedicated dressings for injured fingers;
(iii) a sufficient number (not less than twelve) of medium-sized
sterilized unmedicated dressings for injured hands or feet;
(iv) a sufficient number (not less than twelve) of large sterilized
unmedicated dressings for other injured parts;
(v) a sufficient number (not less than thirty-six) of adhesive wound
dressings of a suitable type and assorted sizes;
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[Subsidiary]
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Occupational Safety and Health
[Rev. 2010
(vi) a sufficient number (not less than eight) of triangular bandages
of unbleached calico, the longest side of which measures not
less than fifty-one inches and each of the other sides not less
than thirty-six inches;
(vii) a sufficient supply of adhesive plaster;
(viii) a sufficient supply of absorbent sterilized cotton wool, in
half-ounce packets;
(ix) a sufficient supply of Factory Eye Drops, B.P.C.;
(x) a sufficient number (not less than eight) of sterilized eye-pads
in separate sealed packets;
(xi) a tourniquet;
(xii) a supply of safety pins;
(d) all materials for drugs and dressings contained in first-aid boxes or
cupboards shall be those designated in, and of a grade or quality not
lower than the standards specified by, the British Pharmaceutical
Codex including any supplement thereto;
(e) each first-aid box or cupboard shall be plainly marked “FIRSTAID”.
Rules under section 55
L.N. 231/1957,
L.N. 87/1964.
THE FACTORIES (CELLULOSE SOLUTIONS) RULES
Part I—Preliminary
Citation.
1. These Rules may be cited as the Factories (Cellulose Solutions) Rules.
Interpretation.
2. In these Rules—
“cellulose cabinet” means a cabinet, booth or similar structure within
which cellulose solutions or inflammable liquids are manipulated or used;
“cellulose solution” means any solution in inflammable liquid of
cellulose nitrate, cellulose acetate or other cellulose compound, or of celluloid,
or any other substance containing cellulose nitrate, cellulose acetate or other
cellulose compound, with or without the admixture of other substances;
“cellulose space” means a room or part of a room within which cellulose solutions or
inflammable liquids are manipulated or used otherwise than in a cellulose cabinet;
Rev. 2010]
Occupational Safety and Health
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[Subsidiary]
“cellulose store” means any room, chamber or similar structure in which
cellulose solutions or inflammable liquids are stored;
“fire-resisting material” means—
(a) properly constructed brickwork, stone or concrete-block work of
not less than four and one-half inches in thickness; or
(b) concrete of not less than three inches in thickness; or
(c) iron or steel of not less than 16 Imperial Standard Wire Gauge in
thickness; or
(d) glass of not less than one-quarter of an inch in thickness in the
centre of which wire mesh is embedded; or
(e) for doors only, oak or teak or other wood of similar hardness of
not less than one and three-quarter inches in finished thickness; or
(f) except for cellulose stores, wood completely and securely covered
on both sides with compressed asbestos of not less than threesixteenths of an inch in thickness; or
any other material approved in writing by the chief inspector;
“inflammable liquid” means any liquid or mixture of liquids used or
intended for use in connexion with cellulose solutions which has a flash point
of less than one hundred degrees Fahrenheit Abel closed test at an atmospheric
pressure of 14.7 pounds per square inch;
“storage tank” means a tank used for storing cellulose solutions or
inflammable liquids.
3. (1) These Rules shall, subject to the exceptions hereinafter provided, Application.
apply to all factories in which cellulose solutions are used or stored.
(2) Nothing in these Rules shall apply to the painting of any building,
or to any process in the manufacture of artificial silk, or of explosives within
the meaning of the Explosives Act.
Cap. 115.
(3) Rules 6, 7 and 9 of these Rules shall not apply to any cellulose space
in which cellulose solutions or inflammable liquids are not manipulated or used
for more than 15 minutes on any one day.
(4) If the chief inspector is satisfied in respect of any factory or any class
of process that, owing to the special conditions or special methods of work or
otherwise, any of the requirements of these Rules can be suspended or relaxed
without danger to the persons employed therein, or that the application of these
Rules or any part thereof is for any reason impracticable, he may by certificate
in writing, (which he may at his discretion revoke) authorize such suspension
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or relaxation as may be indicated in the certificate for such period and on such
conditions as he may think fit.
Duties.
4. It shall be the duty of the occupier of any factory to which these Rules
apply to observe Part II of these Rules; and it shall be the duty of every person
employed in such a factory to observe Part III of these Rules.
Part II—Duties of Occupiers
Notice of use or
storage of cellulose
solutions.
5. The occupier shall not use or store cellulose solutions in any factory
in which he did not use or store such solutions before the commencement of
these Rules, unless and until he has given to the chief inspector fourteen clear
days’ notice in writing of his intention to do so, or such shorter notice as the
chief inspector may agree to accept.
Construction of
cellulose cabinets,
cellulose spaces and
ventilating ducts.
6. (1) Every cellulose cabinet shall be completely closed except in so far
as openings are necessary for the purposes of the work or for the operation of
the ventilating apparatus required by rule 7 of these Rules.
(2) Every cellulose space shall be separated by enclosure from every
other part of the building or room except in so far as openings are necessary
for the purposes of the work or for the operation of the ventilating apparatus
required by rule 7 of these Rules.
(3) Every cellulose cabinet, and all walls, partitions, doors, windows,
floors, tops and ceilings enclosing or forming part of the enclosure of any
cellulose space, shall be constructed of fire-resisting material:
Provided that the provisions of this paragraph shall not apply to any tops
or ceilings of single-storey buildings or of top floor rooms, or any outside walls,
doors or windows, other than any of the aforesaid parts of a building in respect
of which the Minister specially directs that the said provisions shall apply.
(4) All ducts, trunks or casings used in connexion with the means of
ventilation required by rule 7 of these Rules shall be constructed of fire-resisting
material:
Provided that such ducts, trunks or casings made of iron or steel may be
of a thickness less than 16 Imperial Standard Wire Gauge.
Ventilation.
7. (1) Every cellulose cabinet or cellulose space shall be adequately
ventilated by mechanical means so as to remove as completely as possible from
the building any vapours of cellulose solutions or inflammable liquids, and to
prevent their escape into any occupied room or work place; such ventilation
shall be kept in full operation for a period of at least five minutes after the
cessation of any process in the manipulation or use of cellulose solutions or
inflammable liquids.
(2) Where cellulose solutions are applied by spraying apparatus,
arrangements shall, as far as practicable, be made so as to render it unnecessary
for the person operating the spray to be in a position between the ventilating
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outlet and the article being sprayed.
8. (1) No fire, flame, open light or other agency likely to ignite cellulose
solutions or inflammable liquids or the vapours thereof shall be allowed
within twenty feet of any cellulose cabinet, cellulose space, cellulose store or
storage tank unless effectively separated therefrom by means of intervening
fire-resisting material.
Precautions
against ignition of
cellulose solutions,
inflammable liquids
and solid residues.
(2) All heating and electrical apparatus (including lamp fittings and
resistances) liable to attain a temperature of 180° Fahrenheit shall be so situated
or so protected as to prevent the deposition thereon of any solid residues resulting
from the manipulation or use of cellulose solutions.
9. Adequate means of escape in case of fire, including a sufficient number Means of escape in
of safe exits not fewer than two in number, shall be provided and maintained case of fire.
for every room in which a cellulose cabinet is situated and for every cellulose
space, and such exits shall be so constructed as to open outwards.
10. Cotton waste, cleaning rags or similar material liable to spontaneous Disposal of waste
combustion shall, after use, be deposited without delay in metal containers with materials.
covers; all such containers shall be emptied at the end of the day’s work and
their contents disposed of in a safe manner.
11. (1) Effective steps shall be taken to remove any solid residues Removal of solid
resulting from the manipulation or use of cellulose solutions from all cellulose residues.
cabinets and cellulose spaces, and also from all ducts, trunks, casings or fans used
in connexion therewith, and such residues shall be disposed of in a safe manner.
(2) No such removal shall be effected by scraping with iron or steel
implements.
12. All stocks of cellulose solutions or inflammable liquids shall be
kept in—
(a) fixed storage tanks of safe construction and in safe positions, each
such tank being separately and effectively earthed; or
Storage of cellulose
solutions and
inflammable liquids.
(b) metal drums, cans or similar vessels situated in cellulose stores,
which shall either be constructed of fire-resisting material or be in
safe positions not less than thirty feet from any occupied building
and to which no unauthorized person shall be allowed to have
access.
13. (1) The quantity of cellulose solutions or inflammable liquids in any
workroom shall be kept as small as practicable having regard to the work carried
on, and shall not, in any case, exceed the estimated requirements for one day’s
work; such cellulose solutions or inflammable liquids shall, when not in actual
use, be kept in a metal cupboard or other receptacle at least as safe.
(2) All drums, cans or similar vessels containing cellulose solutions or
inflammable liquids shall be kept securely closed when the contents are not in
Cellulose solutions
and inflammable
liquids in
workrooms.
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actual use, and shall, after the contents have been expended, be removed without
delay to a store constructed or situated in accordance with rule 12 of these Rules,
or to some other place, outside the building, at least as safe.
Part III—Duties of Persons Employed
Prohibition of
smoking, open lights,
etc.
14. (1) No person shall smoke in any room in which a cellulose cabinet
is situated, or in any cellulose space, or in any cellulose store, or within twenty
feet of any cellulose store or storage tank unless he is effectively separated from
the cellulose store or tank by fire resisting material.
(2) All persons employed shall observe the requirements of paragraph
(1) of rule 8 of these Rules.
Disposal of waste
materials.
15. Any person using cotton waste, cleaning rags or similar material shall
comply with the requirements of rule10 of these Rules.
General.
16. Every person who is engaged in the manipulation or use of cellulose
solutions or inflammable liquids shall make full and proper use of the ventilating
and other appliances provided for the purposes of these Rules, shall report
forthwith to the occupier, manager or other responsible person any defect in
the same, and shall observe such directions as may be given to him with a view
to carrying out these Rules.
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THE FACTORIES (DOCKS) RULES
Arrangement of Rules
Part I —Preliminary
Rule
1—Citation.
2—Application.
3—Interpretation.
4—Classification of ships.
5— Exemptions.
6—Duties.
Part II—Facilities on Shore
7—Means of approach over dock, wharf or quay.
8—Lighting.
9—Means of rescue from drowning.
10—First-aid boxes and cupboards.
11—Stretchers.
12—Provision of ambulance.
13—Ambulance rooms.
14—Notices as to first-aid appliances.
15— Sanitary conveniences and washing facilities.
16—Drinking water.
Part III—General Provisions as to Safety on Board Ship
17—Means of access from ship to shore and shore to ship.
18—Means of access from ship to ship.
19—Means of access to holds, etc.
20—Lifting gear for hatch beams.
21—Marking of hatch coverings and hatch beams.
22—Maintenance of hatch beams and hatch coverings.
23—Provision of hand grips, etc., on hatch coverings.
24—Working space around hatches.
25—Lighting of ships.
Part IV—Lifting Machinery, Plant and Equipment
26—Lifting machinery.
27—Lifting tackle.
28—Ropes.
29—Competent persons.
30—Register of lifting machinery and lifting tackle.
31—Marking of safe working loads on pulley blocks.
32—Marking of safe working loads on slings.
33—Marking of safe working loads on cranes and derricks.
34—Fencing of machinery and plant.
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Rule
35—Special provisions regarding conveyors.
36—Stability of lifting appliances.
37—Cranes and winches-prevention of accidental descent of load.
38—Access to and fencing of crane platforms.
39—Steam cranes and winches.
40—Precautions with respect to the use of chains and ropes.
41— Pallets and cargo trays.
Part V—Provisions as to Ships of Classes 2 and 3
42—Keeping of registers, etc., by Class 2 ships.
43—Requirements on first visits of Class 3 ships.
Part VI—General Precautions in Conducting the Processes
44—Disposition of goods on wharf or quay.
45—Use of deck-stages, hand trucks, etc.
46—Fencing or covering of hatches.
47—Securing of hatch beams.
48—Work at intermediate decks.
49—Work on skeleton decks.
50—Stacking of cargo.
51—Means of escape from holds, etc.
52—Restrictions on use of hooks.
53—Use of signallers.
54—Overloading of machinery, and use of coupled derricks.
55—Drivers of cranes or winches, and signallers.
56—Ventilation.
57—Precautions where dangerous fumes liable to be present.
58—Protection against dust.
59—Provision of protective clothing.
60—Transport to or from ship by water.
Part VII—General Duties as to Use and Maintenance of Safety
Appliances, Etc.
61—Prohibition of removal or interference with safety appliances.
62—Prohibition of removal of fencing.
63—Use of means of access.
64—Prohibition as to going on beams.
65—Prohibition as to riding on conveyors.
Part VIII—Special Duties
66—Duty of master as to hold which has been fumigated.
67—Duty of employer as to use of machinery.
68—Duty of employers as to means of access and lighting.
69—Prescribed register.
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L.N. 306/1962.
Part I—Preliminary
1. These Rules may be cited as the Factories (Docks) Rules.
Citation.
2. Save as hereinafter provided, these Rules shall apply to the process of Application.
loading, unloading, moving and handling goods in, on or at any dock, wharf or
quay in any port or harbour specified in the First Schedule to these Rules, and to
the processes of loading and unloading of any ship in any such port or harbour.
3. In these Rules, except where the context otherwise requires—
Interpretation.
the expression “coupled derricks” has the same meaning as “married
gear” and “Union Purchase”;
“the Docks Regulations” means the Docks Regulations 1934 made under S.R. & O. 1934,
the Factory and Workshop Act 1901 of the United Kingdom, as from time to No. 279.
time amended;
“hatch” means an opening in a deck used for the purpose of the processes
or for trimming, or for ventilation;
“hatchway” means the whole space within the square of the hatches,
from the top deck to the bottom of the hold;
“lifting machinery” means masts and mast stays, cranes, winches, hoists,
derrick booms, derrick and mast bands, goose necks and eye bolts and all other
permanent attachments to the derricks, masts and decks, used in hoisting or
lowering in connexion with the processes;
“person employed” means a person employed in the processes;
“processes” means the processes mentioned in rule 2 of these Rules, or
any of them;
“pulley block” means pulley, block, gin and similar gear, other than a
crane block especially constructed for use with a crane to which it is permanently
attached;
“plant” includes any gangway, ladder, cargo stage, deck stage, hatch
covering or hatch beam;
“ship” includes every description of vessel used in navigation not
propelled by oars;
“vessel” includes any ship or boat, or any other description of vessel
used in navigation.
4. For the purposes of these Rules, ships shall be divided into three
Classification of
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ships.
classes as follows—
[Rev. 2010
Class 1. Ships registered in Kenya including such ships plying on Lake
Victoria;
Class 2. Ships on board of which the lifting machinery and plant
complies with—
(a) the Docks Regulations; or
(b) in the case of ships registered in a country other than the United
Kingdom or Kenya, regulations made by the Government of that
country if they are, in the opinion of the chief inspector, substantially
equivalent to these Rules; or
(c) in the case of ships registered in a country in which no regulations in
the matter have been made by the Government thereof, regulations
made by any corporation or association for the survey of ships
recognized for that purpose by the Government of that country
if they are, in the opinion of the chief inspector, substantially
equivalent in their requirements to these Rules; and
Class 3. All other ships.
Exemptions.
5. (1) Nothing in rule 19 (2) and (3) and nothing in Part IV of these Rules
shall apply to machinery and plant carried on board—
(a) a ship of Class 2; or
(b) a ship of Class 3 visiting a Kenya port for the first and second time
after the commencement of these Rules:
Provided that this exemption shall not apply on the occasion of
thesecond visit if the period between the aforesaid visits exceeds six
weeks.
(2) Nothing in Parts III to VIII inclusive of these Rules shall apply to the
unloading of fish from a ship employed in the catching of fish.
(3) Nothing in roles 17, 18, 19, 20, 21, 23, 24, 46 (1) and 64 of these
Rules shall apply to a barge or lighter.
(4) Nothing in these Rules shall apply to the loading or unloading of
naval ships when such loading or unloading is undertaken solely by members
of the armed forces.
Duties.
6. (1) It shall be the duty of the person having the general management
and control of a dock, wharf, or quay to comply with Part II of these Rules:
Provided that—
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(i) if any other person has the exclusive right to occupation of any
part of the dock, wharf or quay, and has the general management and control of such part, the duty in respect of that part
shall devolve upon that other person; and
(ii) it shall be the duly of the employer of the persons employed to
comply with rule 16 of these Rules in so far as they apply to
persons employed on board a ship not lying at a wharf or quay.
(2) It shall be the duty of the owner, master, or officer in charge of a ship
to comply with Part III of these Rules.
(3) In the case of machinery or plant which is—
(a) carried on board a ship of Class 1; or
(b) not carried on board a ship,
being machinery or plant used in the processes, it shall be the duty of the owner
thereof to comply with Part IV of these Rules, and in the ease of machinery or
plant carried on board a ship of Class 3, it shall also be the duty of the master
of such ship to comply with that Part:
Provided that it shall be the duty of the person who by himself, his agents,
or workmen carries on the processes to comply with rule 36 (3) of these Rules
so far as they relate to the stability of any mobile crane used by him and under
his control.
(4) It shall be the duty of the master or officer in charge of a ship to
comply with Part V of these Rules.
(5) It shall be the duty of every person who by himself, his agents or
workmen carries on the processes, and of all agents, workmen and persons
employed by him in the processes, to comply with Part VI of these Rules:
Provided that, where the processes are carried on by a stevedore or
other person other than the owner of the ship, it shall be the duty of the owner,
master or officer in charge of the ship to comply with rule 46 of these Rules,
so far as it concerns—
(i) any hatch not taken over by the said stevedore or other person
for the purpose of the processes;
(ii) any hatch which, after having been taken over by the said stevedore or other person for the purpose of the processes, being a
hatch at which the processes have been completed or completed
for the time being, has been left by the said stevedore fenced
or covered as required by rule 46 of these Rules, or has been
taken into use by or on behalf of the owner of the ship; and
(iii) the covering of any hatch fitted with a mechanically operated
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cover the control of which is solely within the responsibility of
the owner, master or officer in charge of the ship.
(6) It shall be the duty of all persons, whether owners, occupiers or
persons employed, to comply with Part VII of these Rules.
(7) Part VIII of these Rules shall be complied with by the persons on
whom the duty is placed in that Part.
Part II—Facilities on Shore
Means of approach
over dock, wharf or
quay.
7. Every regular approach over a dock, wharf or quay which persons
employed have to use for going to or from a working place at which the processes
are carried on and every such working place on shore shall be maintained with
due regard to the safety of the persons employed; and in particular—
(a) the following parts shall, as far as is practicable having regard to
the traffic and working, be securely fenced so that the height of the
fence shall in no place be less than three feet, and the fencing shall
be maintained in good condition ready for use—
(i) all breaks, dangerous comers, and other dangerous parts or edges
of a dock, wharf or quay; and
(ii) both sides of such footways over bridges, caissons and dock
gates as are in general use by persons employed, and each side
of the entrance at each end of such footway for a sufficient
distance which need not exceed five yards; and
(iii) the edges of all ditches, pits, dangerous openings and excavations, but not if secure covering is provided and maintained;
(b) the edge or coping of every dock, wharf or quay shall be properly
maintained.
Lighting.
8. All places on shore at which persons employed are employed, and
any dangerous parts of the regular road or way over a dock, wharf or quay
forming the approach to any such place from the nearest highway, shall be
efficiently lighted.
Means of rescue from
drowning.
9. Provision for the rescue from drowning of persons employed shall be
made and maintained, and shall include—
(a) a sufficient number of lifebuoys kept in readiness on the dock,
wharf or quay and spaced not more than two hundred feet apart;
each such lifebuoy shall be adequately protected from exposure to
the weather; and
(b) effective means at or near the surface of the water, at reasonable
intervals, for enabling a person immersed to support himself, which
shall be reasonably adequate having regard to all the circumstances;
and
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(c) suitable vertical ladders extending from the water to the edge or
coping of the dock, wharf or quay and spaced not more than one
hundred and fifty feet apart (or at such greater intervals as the chief
inspector may by certificate in writing approve) to enable a person
to escape from the water.
10. (1) A sufficient number of first-aid boxes or cupboards of the standard First-aid boxes and
set out in the Fourth Schedule to these Rules shall be provided at every working cupboards.
place and, if more than one is provided, at reasonable distances from each other.
(2) Nothing except appliances or requisites for first-aid shall be kept in
a first-aid box or cupboard.
(3) A first-aid box or cupboard shall be kept stocked and in good order
and shall be placed under the charge of a responsible person, who shall always
be readily available during working hours; and such person shall, except at
docks, wharves or quays at which the total number of persons employed at any
time does not exceed fifty, be a person proficient in first-aid.
11. There shall be provided and maintained at every dock, wharf or Stretchers.
quay, and so as to be readily accessible, a sufficient number of stretchers so
constructed as to enable an injured person to be raised from a hold and further
transported in a safe manner.
12. There shall be provided for use at every dock, wharf, or quay at Provision of
which the total number of persons employed at any time exceeds fifty a suitably ambulance.
constructed ambulance carriage, maintained in good condition, for the purpose
of the removal of serious cases of accident or sickness and, if such cases have to
be removed by water, a suitably equipped boat propelled by mechanical power,
unless arrangements have been made for obtaining such a carriage or boat when
required from a hospital or other place situated not more than three miles (or at
such greater distance as the chief inspector may by certificate in writing approve)
from the dock, wharf or quay and in telephonic communication therewith.
13. (1) A suitable ambulance room shall be provided and maintained at
every dock, wharf or quay at which the total number of persons employed at any
time exceeds two hundred, which shall be placed under the charge of a person
trained in first aid, who shall always be readily available during working hours.
Ambulance rooms.
(2) The chief inspector may by certificate in writing exempt such a
dock, wharf or quay from the requirements of rule 10 of these Rules relating
to firsts-aid boxes and cupboards to such extent and subject to such conditions
as he may specify in the certificate.
14. Notices shall be exhibited in prominent positions at every dock,
wharf or quay stating—
(a) the position of each first-aid box and the place where the person
in charge thereof can be found;
Notices as to first-aid
appliances.
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(b) the position of each stretcher; and
(c) the position of the ambulance carriage and boat or, where such is
not provided, the position of the nearest telephone and the name
and telephone number of the hospital or other place from which
such carriage or boat may be obtained.
Sanitary
conveniences and
washing facilities.
15. There shall be provided, maintained and kept clean at every dock,
wharf or quay so as to be readily accessible to the persons employed—
(a) a sufficient number of suitable sanitary conveniences in respect of
which effective provision shall, if practicable, be made to provide
adequate lighting; and
(b) adequate and suitable washing facilities.
Drinking water.
16. An adequate supply of wholesome drinking water shall be provided
and maintained at suitable points conveniently accessible to all persons
employed; and a drinking water supply shall, in such cases as an inspector may
direct, be clearly indicated by a notice in English and in such other languages
as the inspector may require.
Part III—General Provisions as to Safety on Board Ship
Means of access from
ship to shore and
shore to ship.
17. If a ship is lying at a wharf or quay for the purpose of loading or
unloading, there shall be safe means of access for the use of persons employed
at such times as they have to pass from the ship to the shore or from the shore
to the ship as follows—
(a) where reasonably practicable, the ship’s accommodation ladder or
a gangway or a similar construction not less than twenty-two inches
wide, properly secured, and fenced throughout on each side to a
clear height of two feet nine inches by means of upper and lower
rails, taut ropes or chains or by other equally safe means;
(b) in other cases, a ladder of sound material and adequate length which
shall be properly secured to prevent slipping:
Provided that—
(i) nothing in this rule shall apply to cargo stages or cargo gangways
if other proper means of access is provided in conformity with
these Rules; and
(ii) as regards any ship not exceeding 200 tons net registered tonnage, this rule shall not apply if and while the conditions are
such that it is possible without undue risk to pass to arid from
the ship without the aid of any special appliances.
Means of access from
ship to ship.
18. (1) If a ship is alongside any other ship, and persons employed have
to pass from one to the other, safe means of access shall be provided for their
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use, unless the conditions are such that it is possible to pass from one to the
other without undue risk without the aid of any special appliance.
(2) If one of such ships is a ship of relatively low freeboard, the means
of access shall be provided by the ship which has the higher freeboard.
19. (1) If the depth from the level of the deck to the bottom of the hold
exceeds five feet, there shall be maintained safe means of access from the deck
to the hold in which work is being carried on.
(2) Save as hereinafter provided, such access shall be afforded by ladder,
and by ladder cleats or cups on the coamings, and shall not be deemed to be
safe—
(a) unless the ladders between the lower decks are in the same line as
the ladder from the top deck, if that is practicable having regard to
the position of the lower hatch or hatches;
(b) unless the ladders provide a foothold of a depth including any
space behind the ladder of not less than 41/2 inches for a width of
10 inches and a firm handhold;
(c) unless the cleats or cups provided on coamings—
(i) provide a foothold of a depth including any space behind the
cleats or cups of not less than 41/2 inches for a width of 10
inches and a firm handhold;
(ii) are so constructed as to prevent a man’s foot slipping off the side;
(iii) are placed vertically one above the other and in the same line
as the ladders to which they give access;
(d) unless the cargo is stowed sufficiently far from the ladder to leave
at each rung of the ladder foothold of a depth including any space
behind the ladder of not less than 41/2 inches for a width of 10 inches
and a firm handhold;
(e) unless there is room to pass between a winch or other obstruction
and the coamings at the place where the ladder leaves the deck;
(f) if the ladder is recessed under the deck more than is reasonably
necessary to keep the ladder clear of the hatchway:
Provided that such access may be afforded—
(i) where the provision of a ladder on a bulkhead or in a trunk
hatchway can be shown to be reasonably impracticable, by
cleats or cups complying with the requirements of subparagraph
(c) of this paragraph;
Means of access to
holds, etc.
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(ii) by ladders or steps, separate from any hatchway or sloping
from deck to deck, if such ladders or steps comply with the
requirements of subparagraphs (b), (d) and (e) of this paragraph.
(3) Shaft tunnels shall be equipped with adequate handhold and foothold
on each side.
(4) In the preceding paragraphs, in the case of any ship of Class 1 which
is newly registered in Kenya after the commencement of these Rules, 6 inches
shall be substituted for 41/2 inches and 12 inches for 10 inches:
Provided that this requirement shall not come into force until such time
as the chief inspector, by notice in the Gazette, so directs.
Lifting gear for hatch
beams.
20. All hatch beams used for hatch covering shall have suitable gear for
lifting them on and off without it being necessary for any person to go upon
them to adjust such gear.
Marking of hatch
coverings and hatch
beams.
21. (1) All hatch coverings shall be kept plainly marked to indicate the
deck and hatch to which they belong and their position therein:
Provided that this rule shall not apply in cases where all the hatch
coverings of a ship are interchangeable or, in respect of marking of position,
where all hatch coverings of a hatch are interchangeable.
(2) This rule shall apply to hatch beams as it applies to hatch coverings.
Maintenance of hatch
beams and hatch
coverings.
22. All hatch beams used for hatch coverings and all hatch coverings
shall be maintained in good condition.
Provision of hand
grips, etc., on hatch
coverings.
23. All hatch coverings shall be provided with suitable means for lifting
them on and off as follows—
(a) adequate hand grip; or
(b) if the size, weight or construction of the hatch coverings is such
as to render them incapable of being lifted into and out of position
by two men, such means shall consist of adequate provision for the
attachment of a sling.
Working space
around hatches.
Lighting of ships.
24. Where the working space around a hatch is less than three feet wide,
such provision shall be made as will enable persons employed to remove and
replace in safety all hatch beams used for hatch covering and all hatch coverings.
25. When the processes are being carried on—
(a) the places in the hold and on the deck where work is being carried
on;
(b) the means of access provided in pursuance of rules 17 and 18 of
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these Rules; and
(c) all parts of the ship to which persons employed may be required
to proceed in the course of their employment,
shall be efficiently lighted, due regard being had to the safety of the ship and
cargo, of all persons employed and of the navigation of other vessels.
Part IV—Lifting Machinery, Plant and Equipment
26. (1) All lifting machinery shall have been tested and examined by a
competent person in the manner set out in the Second Schedule to these Rules
before being taken into use.
Lifting machinery.
(2) All masts and mast stays, and all derricks and permanent attachment,
including bridle chains, to the derrick, mast and deck, used in hoisting or
lowering, shall be inspected by a competent person once in every twelve
months and be thoroughly examined by a competent person once at least in
every four years.
(3) All other lifting machinery shall be thoroughly examined by a
competent person once at least every twelve months.
(4) For the purposes of this rule, thorough examination means a visual
examination, supplemented if necessary by other means such as a hammer test,
carried out as carefully as the conditions permit, in order to arrive at a reliable
conclusion as to the safety of the parts examined; and, if necessary for the
purpose, parts of the machines and gear must be dismantled.
27. (1) No chain, ring, hook, shackle, swivel or pulley block shall be used Lifting tackle.
in hoisting or lowering unless it has been tested and examined by a competent
person in the manner specified in the Second Schedule to these Rules.
(2) All chains, other than bridle chains attached to derricks or masts,
and all rings, hooks, shackles and swivels, shall be effectually heat-treated
under the supervision of a competent person in the manner specified in the
Third Schedule to these Rules, and such heat-treatment shall be carried out at
the following intervals—
(a) half-inch and smaller chains, rings, hooks, shackles and swivels
in general use, once at least in every six months;
(b) all other chains, rings, hooks, shackles and swivels in general use,
once at least in every twelve months:
Provided that—
(i) in the case of such gear used solely on cranes and other hoisting
appliances worked by hand, twelve months shall be substituted
for six months in subparagraph (a), and two years for twelve
months in subparagraph (b), of this paragraph; and
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(ii) where the chief inspector is of the opinion that, owing to the size,
design, material or infrequency of use of any such gear or class
of such gear, the requirement of this rule as to heat-treatment is
not necessary for the protection of persons employed, he may
by notice in the Gazette, exempt such gear or class of gear
from such requirement subject to such conditions as may be
specified in such certificate.
(3) All chains, other than bridle chains, attached to derricks or masts and
all rings, hooks, shackles, swivels, pulley blocks, cargo trays, and similar gear,
shall be inspected by a responsible person immediately before each occasion on
which they are used in hoisting or lowering, unless they have been inspected
within the preceding three months.
(4) All chains, rings, hooks, shackles or swivels used in hoisting or
lowering which have been lengthened, altered or repaired by welding shall
before being again taken into use be adequately tested and reexamined by a
competent person.
Ropes.
28. (1) No rope shall be used in hoisting or lowering unless—
(a) it is of suitable quality and free from patent defect; and
(b) in the case of wire rope, it has been examined and tested by a
competent person in the manner specified in the Second Schedule
to these Rules.
(2) Every wire rope in general use for hoisting or lowering shall be
properly maintained and shall be inspected by a responsible person once at
least in every three months, and after any wire has broken in such rope it shall
be inspected once at least in every month.
(3) No wire rope shall be used in hoisting or lowering if in any length
of eight diameters the total number of visible broken wires exceeds 10 per
cent of the total number of wires, or the rope shows signs of excessive wear,
corrosion or other defect which, in the opinion of the person who inspects it,
renders it unfit for use.
(4) A thimble or loop splice made in any wire rope shall have at least
three tucks with a whole strand of the rope and two tucks with one half of the
wires cut out of each strand; and strands in all cases shall be tucked against
the lay of the rope:
Provided that this rule shall not prevent the use of another form of splice
or fastening which can be shown to be as efficient as that laid down in this rule.
Competent persons.
29. For the purposes of rules 26, 27 and 28 of these Rules, a person shall
be deemed to be a competent person—
(a) if he is resident in Kenya and has been authorized by the chief
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inspector by certificate in writing stating the class or classes of
lifting machinery, lifting tackle or ropes which he is competent to
test, heat-treat or examine; or
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(b) if he is not resident in Kenya and the chief inspector has not given
notice in writing that such person is, in his opinion, not technically
qualified to carry out the test, examinations or heat-treatment
required by these Rules:
Provided that, as regards the examination of any lifting machinery,
lifting tackle or ropes carried on board a ship, paragraph (a) of this rule
shall not apply to the master or officers of the ship on board of which
such lifting machinery or lifting tackle is carried.
30. (1) Certificates in the forms in the Fifth Schedule to these Rules, Register of lifting
and containing the particulars specified in the said forms with regard to the machinery and lifting
tests, examinations, inspections or heat-treatment required under rule 26, rule tackle.
27 (1) and (2) and rule 28 (1) of these Rules, shall be obtained, and entered in
or attached to the register prescribed by that Schedule before the machinery,
chain, rope or other gear to which the certificate refers is subsequently taken
into use in connexion with the processes:
Provided that, in the case of any test, examination or heat-treatment not
carried out in Kenya, the requirements of this rule shall be deemed to have
been complied with if a certificate prescribed under the Docks Regulations
or a certificate conforming to the standard international certificate approved
by the International Labour Organization or containing substantially the same
particulars is entered in or attached to the register.
(2) The prescribed register with the certificates required to be attached
to it shall be kept on the premises unless some other place has been approved
in writing by the chief inspector.
31. No pulley block shall be used in hoisting or lowering unless the safe Marking of safe
working load is clearly stamped upon it.
working loads on
pulley blocks.
32. Means shall be provided to enable any person using a chain or wire Marking of safe
rope sling to ascertain the safe working load for such chain or sling under such working loads on
conditions as it may be used, and as regards—
slings.
(a) chain slings, such means shall consist of marking the safe working
load in plain figures or letters upon the sling or upon a tablet or ring
of durable material attached securely thereto;
(b) wire rope slings, such means shall consist of either the means
specified in paragraph (a) of this rule or a notice or notices, so
exhibited as to be easily read by any person concerned, stating the
safe working loads for the various sizes of wire rope slings used.
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Marking of safe
working loads on
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33. Every crane and derrick shall have the safe working load plainly
marked upon it, and every shore crane if so constructed that the safe working
load may be varied by the raising or lowering of the jib or otherwise, shall have
attached to it an automatic indicator of safe working loads, provided that, in
cases where the jib may be raised or lowered, provision on the crane of a table
showing the safe working loads at the corresponding inclinations or radii of
the jib shall be considered sufficient compliance.
Fencing of machinery
34. (1) All motors, cog-wheels, chain and friction gearing, shafting,
and plant.
live electric conductors and steam pipes shall be securely fenced so far as is
practicable without impeding the safe working of the ship.
(2) The nips between the belt and the end drums of every belt conveyor
shall be securely fenced.
(3) All fencing provided in pursuance of paragraphs (1) and (2) of this
rule shall be of substantial construction, and shall be constantly maintained and
kept in position while the parts required to be fenced are in motion or in use:
Provided that the requirements of this rule shall not apply to any parts
of machinery if it can be shown that such parts are equally safe to every person
employed as they would be if securely fenced.
Special provisions
regarding conveyors.
35. (1) Every conveyor, including roller conveyors and chutes, used in the
processes shall be of good construction, sound material and adequate strength,
and shall be free from patent defect.
(2) Every conveyor driven by mechanical power shall be provided with
efficient means for cutting off the power in an emergency; such means shall be
provided at loading and unloading points and, where necessary, at a sufficient
number of other convenient positions.
(3) Where a conveyor passes over any place where persons employed
are employed, the sides of the conveyor shall be provided with adequate guards
or screens to prevent the fall of goods or material, unless the conveyor is so
placed, enclosed or constructed as to make the provision of such guards or
screens unnecessary for the protection of the persons employed.
Stability of lifting
appliances.
36. (1) Appropriate measures shall be taken to prevent the foot of a derrick
being accidentally lifted out of its socket or support.
(2) Every mobile crane shall be adequately counterbalanced in order to
reduce to a minimum the risk of overtuning.
(3) No mobile crane shall be used on a soft or uneven surface or on a
slope in circumstances in which the stability of the appliance is likely to be
affected unless adequate precautions are taken to ensure its stability.
Cranes and
winches—
prevention of
accidental descent
of load.
37. (1) Every crane or winch shall be so constructed, or shall be provided
with such means, as to reduce to a minimum the risk of the accidental descent
of a load while being raised or lowered; and in particular—
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(a) the lever controlling the reversing gear shall be provided with a
suitable spring or other locking arrangement, unless the construction
of the crane or winch is such as to render the provision of such a
device unnecessary; and
(b) in the case of a crane or winch driven by an internal combustion
engine or by electricity, such crane or winch shall be so constructed
as to prevent; in the event of the power failing, the accidental
descent of the load.
(2) Every crane or winch shall be provided with an efficient brake.
38. The driver’s platform on every crane or tip driven by mechanical Access to and
power shall be provided with safe means of access and every such platform fencing of crane
from which a person is liable to fall a distance of more than four feet shall be platforms.
securely fenced; and in particular, where access is by ladder—
(a) the sides of the ladder shall extend to a reasonable distance beyond
the platform or some other suitable handhold shall be provided; and
(b) the landing place on the platform shall be maintained free from
obstruction; and
(c) in cases where the ladder is vertical and exceeds thirty feet in height,
a resting place shall be provided approximately midway between
the platform and the foot of the ladder.
39. Adequate measures shall be taken to prevent exhaust steam from, Steam cranes and
and so far as is practicable live steam to, any crane or winch obscuring any part winches.
of the decks, gangways, stages, wharf or quay where any person is employed
in the processes.
40. (1) Chains shall not be shortened by tying knots in them.
(2) Suitable packing shall be provided to prevent wire ropes, fibre ropes
and the links of chains coming into contact with sharp edges of loads of hard
material.
Precautions with
respect to the use of
chains and ropes.
41. Every pallet, cargo tray or similar appliance used in raising or Pallets and cargo
lowering goods shall be of good construction, sound material and adequate trays.
strength, shall be suitable for the purpose for which it is used and shall be
properly maintained.
Part V—Provisions as to Ships of Classes 2 and 3
42. In the case of a ship of Class 2—
(a) the following documents shall be kept on board and shall be
produced on the application of an inspector—
Keeping of registers,
etc., by Class 2 ships.
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(i) a copy of the regulations applicable to the lifting machinery
and plant used in the processes and carried on board the ship
together with, in the case of regulations in any language other
than English, an English translation thereof;
(ii) current certificates of test of such lifting machinery and plant
made in conformity with those regulations; and
(iii) a register of such lifting machinery and plant as required by
those regulations or as prescribed;
(b) the register shall be properly kept and the various items of lifting
machinery and plant to which it relates shall be readily identifiable
therefrom;
(c) all lifting machinery and plant used in the processes shall be
maintained in accordance with the regulations applicable thereto
and shall be available for inspection by an inspector at any time.
Requirements on
first visits of Class
3 ships.
43. In the case of a ship of Class 3, which first visits and subsequently
visits a Kenya port within a period of six weeks after the commencement of
these Rules, all lifting machinery and plant used in the processes and carried on
board the ship shall be of sound construction, free from patent defect, properly
maintained and in all respects suitable for the purpose for which it is intended.
Part VI—General Precautions in Conducting the Processes
Disposition of goods
on wharf of quay.
44. Where goods are placed on a wharf or quay—
(a) a clear passage leading to the means of access to the ship required by
rule 17 of these Rules shall be maintained on the wharf or quay; and
(b) if any space is left along the edge of the wharf or quay, it shall be
at least three feet wide and clear of all obstructions other than fixed
structures, plant and appliances in regular use.
Use of deck-stages,
hand trucks, etc.
45. (1) No deck-stage or cargo-stage shall be used in the processes
unless it is soundly constructed and adequately supported and, where necessary,
securely fastened.
(2) No truck shall be used for carrying cargo between ship and shore on
a stage so steep as to be unsafe.
(3) Any stage which is slippery shall be made safe by the use of sand
or otherwise.
Fencing or covering
of hatches.
46. (1) If any hatch of a hold accessible to any person employed and
exceeding five feet in depth, measured from the level of the deck in which
the hatch is situated to the bottom of the hold, is not in use for the passage of
goods or other material, or for trimming, and the coamings are less than two
feet six inches in height, such hatch shall either be fenced to a height of three
or be securely covered:
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Provided that this requirement shall not apply—
(i) to ships not exceeding 200 tons net registered tonnage which
have only one hatchway;
(ii) to any ship during meal times or other short interruptions of
these Rules.
(2) Hatch coverings shall not be used in the construction of deck or cargo
stages, or for any other purpose which may expose them to damage.
(3) Hatch coverings shall be replaced on the hatches in the positions
indicated by the markings made thereon in pursuance of rule 21 of these Rules.
47. (1) The beams of any hatch in use for the processes shall, if Securing of hatch
not removed, be adequately secured to prevent their displacement or the beams.
displacement of any hatch coverings supported by them.
(2) Hatch beams and hatch coverings shall, when they are removed from
a hatch, be so stacked or secured as not to cause danger to persons passing along
the deck, working in the hold or overside; and in particular, if the construction
of the ship so allows, a clear working space at least three feet wide shall be
maintained between hatch coverings and hatch beams which have been so
removed and the side of the hatch coaming.
(3) Roller or hinged hatch covers when stowed in the vertical position
shall be adequately secured by lashings or other effective means.
48. No cargo shall be loaded or unloaded by a fall or sling at any Work at intermediate
intermediate deck unless either the hatch at that deck is securely covered or a decks.
secure landing platform of a width not less than that of one section of hatch
coverings has been placed across it:
Provided that this rule shall not apply to any process of unloading the
whole of which will be completed within a period of half an hour.
49. When work is proceeding on any skeleton deck, adequate staging Work on skeleton
shall be provided unless the space beneath the deck is filled with cargo to within decks.
a distance of two feet of such deck.
50. Where stacking, unstacking, stowing or unstowing of cargo or Stacking of cargo.
handling in connexion therewith cannot be safely carried out unaided, reasonable
measures to guard against accident shall be taken by shoring or otherwise.
51. Precautions shall be taken to facilitate the escape of the workers when Means of escape
employed in a hold or on ‘tween decks in dealing with bulk cargo.
from holds, etc.
52. (1) When the working space in a hold is confined to the square of the Restrictions on use of
hatch, hooks shall not be made fast in the bands of fastenings of bales of cotton, hooks.
jute, sisal, gunny bags or other similar goods, nor shall can hooks be used for
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raising or lowering a barrel when, owing to the construction or condition of the
barrel or of the hooks, their use is likely to be unsafe.
(2) Nothing in this rule shall apply to breaking out or making up slings.
Use of signallers.
53. When cargo is being loaded or unloaded by a fall at a hatchway, a
signaller shall be employed, and where more than one fall is being worked at a
hatchway a separate signaller shall be employed to attend to each fall:
Provided that this rule shall not apply in cases where a ship is being loaded
or unloaded if the driver of the crane or winch working the fall has a clear and
unrestricted view of those parts of the hold where work is being carried on.
54. (1) No lifting machinery, chains or other lifting appliance shall be
Overloading of
machinery, and use of loaded beyond the safe working load, except that a crane may be loaded beyond
the safe working load in exceptional cases to such extent and subject to such
coupled derricks.
conditions as may be approved by the engineer in charge or other responsible
person, if on each occasion—
(a) the written permission of the owner or his responsible agent has
been obtained; and
(b) a record of the overload is kept:
Provided that, where the load upon a single sheave pulley block is
attached to the pulley block instead of to the chain or rope passing round the
sheave, the load on the pulley block shall be deemed for the purposes of this
rule to be half the actual load.
(2) No load shall be left suspended from a crane, winch or other machine
unless there is a responsible person actually in charge of the machine while
the load is so left.
(3) Where two derricks are used as coupled derricks for the purpose of
hoisting or lowering goods—
(a) the load shall not exceed one half of the safe working load of the
derrick having the lower lifting capacity; and
(b) there shall be used, in addition to the outer guy of each of the
two derricks so coupled and as nearly parallel to such outer guy
as possible, a wire rope preventer guy which shall be of adequate
strength and securely attached to the head of the derrick and to a
suitable deck fastening.
Drivers of cranes
or winches and
signallers.
55. No person who is not sufficiently competent and reliable shall be
employed to drive a crane or winch, whether driven by mechanical power or
otherwise, or to give signals to a driver or to attend to cargo falls on winchends or winch-bodies.
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56. In every hold or compartment in which cargo is being worked,
effective and suitable provision shall, if necessary, be made for securing and
maintaining by the circulation of fresh air the adequate ventilation of the hold
or compartment.
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Ventilation.
57. Where work has to be done in any hold or compartment in which Precautions where
dangerous fumes are liable to be present or in which there is reasonable cause dangerous fumes
to believe that the atmosphere may be deficient in oxygen to such extent as to liable to be present.
endanger life—
(a) no person employed shall enter the hold or compartment for any
purpose unless the following requirements are complied with—
(i) all practicable steps shall be taken to remove any fumes which
may be present or, as the case may be, by ventilation or otherwise, to render the atmosphere safe and, unless it has been
ascertained by a suitable test that the hold or compartment is free
from dangerous fumes or is safe to enter, the person entering
shall wear a belt to which there is securely attached a rope of
which the free end is held by a person outside; or
(ii) the person entering shall wear a suitable respirator of breathing
apparatus and shall, in addition, wear a belt to which there is
securely attached a rope of which the free end is held a person
outside; and
(b) suitable breathing apparatus and a suitable reviving apparatus and
suitable belts and ropes shall be provided and maintained so as to
be readily accessible; and
(c) a sufficient number of persons employed shall be trained and
practised in the use of such apparatus and in the method of restoring
respiration.
58. Where the processes give rise to any substantial quantity of dust Protection against
of any kind or to dust of such a character and to such extent as to be likely to dust.
be injurious to the persons employed, all practicable measures shall be taken
to protect the persons employed against the inhalation of such dust, and, if
necessary, suitable masks or respirators shall be provided and maintained for
the use of persons employed who are exposed to such dust.
59. Suitable protective clothing and appliances, including, where Provision of
necessary, suitable gloves, footwear, goggles and head coverings, shall be protective clothing.
provided and maintained for the use of persons employed—
(a) when engaged in handling any injurious or offensive substance; and
(b) when working in a refrigerated space.
60. When any person employed has to proceed to or from a ship by water Transport to or from
for the purpose of carrying on the processes, proper measures shall be taken ship by water.
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to provide for his safe transport; and vessels used for this purpose shall be in
charge of a competent person, shall not be overcrowded and shall be properly
equipped for safe navigation and maintained in good condition.
Part VII—General Duties as to Use and Maintenance of Safety
Appliances, Etc.
Prohibition
of removal or
interference with
safety appliances.
61. (1) No person shall, unless duly authorized or in case of necessity,
remove or interfere with any fencing, gangway, gear, ladder, hatch covering,
life-saving means or appliances, lights, marks, stages or other things whatsoever
required by these Rules to be provided.
(2) If removed, such things shall be restored at the end of the period
during which their removal was necessary by the persons last engaged in the
work that necessitated such removal.
Prohibition of
removal of fencing.
62. (1) The fencing required by rule 7 of these Rules shall not be removed
except to the extent and for the period reasonably necessary for carrying on the
work of the dock or ship, or for repairing any fencing.
(2) If removed, the fencing shall be restored forthwith at the end of that
period by the person engaged in the work that necessitated its removal.
Use of means of
access.
63. Every person employed shall use the means of access provided
in accordance with rules 17, 18 and 19 of these Rules, and no person shall
authorize or order another to use means of access other than those provided in
accordance therewith.
Prohibition as to
going on beams.
64. No person shall go upon the fore and aft beams or thwart-ship beams
for the purpose of adjusting gear for lifting them on and off or for any other
purpose in connexion with the processes, nor shall any person authorize or
order another to do so.
Prohibition as to
riding on conveyors.
65. No person shall ride upon any conveyor nor shall any person authorize
or order another to do so.
Part VIII—Special Duties
Duty of master as to
hold which has been
fumigated.
Duty of employer as
to use of machinery.
66. The master or officer in charge of a ship shall not allow any hold
or compartment to be taken into use for the purpose of the processes for the
first time subsequent to such hold or compartment having been fumigated,
unless a certificate, signed by a qualified person, and stating that such hold
or compartment is free from dangerous fumes and is safe to enter, has been
obtained and is kept available for inspection.
67. No employer of persons in the processes shall allow machinery or
gear to be used by such persons if he knows or has reason to believe that such
machinery or gear does not comply with Part IV or Part V of these Rules, as
the case may be.
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68. If the persons whose duty it is to comply with rules 17, 18 and 25 of Duty of employer as
these Rules fail to do so, then it shall also be the duty of the employers of the to means of access
persons employed for whose use the means of access and the lights are required and lighting.
to comply with the said rules within the shortest time reasonably practicable
after such failure.
69. The prescribed register shall, on the application of an inspector, be Prescribed register.
produced by the person in charge thereof; if it relates to the lifting machinery
and other gear of a ship and is kept on the ship, it shall be produced, together
with the certificate of the ship’s register, by the person for the time being in
charge of the ship.
FIRST SCHEDULE
(r. 2)
Ports and Harbours to Which the Rules Apply
(1) Mombasa Harbour as defined by the East African Harbour Limits L.N. 33/1953.
and Compulsory Pilotage Order 1953 of the High Commission.
(2) The port of Kisumu.
SECOND SCHEDULE
(rr. 26 (1), 27 (1)
and 28 (1))
Manner of Test and Examination Before Taking Lifting Machinery
and Gear Into Use
1. Every winch with the whole of the gear accessory thereto (including
masts, and. mast stays, derricks, goose necks, eye-plates, eye-bolts or other
attachments) shall be tested with a proof load which shall exceed the safe
working load as follows—
Safe Working Load
Proof Load
Up to 20 tons
20-50 tons
Over 50 tons
25 per cent in excess.
5 tons in excess.
10 per cent in excess.
The proof load shall be applied (a) by hoisting movable weights or (b) by
means of a spring or hydraulic balance or similar appliance, with the derrick at
an angle which shall not exceed 15 degrees to the horizontal, or, where this is
impracticable, at the lowest practicable angle: the angle at which the test was
made shall be stated in the certificate of test.
In the former case, after the movable weights have been hoisted, the
derrick shall be swung as far as possible in both directions. In the latter case,
the proof load shall be applied with the derrick swung as far as practicable first
in one direction and then in the other.
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So far as possible every such test shall be carried out by means of movable
weights, and no exception shall be allowed in the case of gear on new ships. In
the case of replacements or renewals, however, a spring or hydraulic balance
or similar appliance may be used where movable weights are not available.
Where a spring or hydraulic balance or similar appliance is used it shall
be accurate, and the test shall not be regarded as satisfactory unless the indicator
remains constant for a period of at least five minutes.
2. Every crane and other lifting machine with its accessory gear shall be
tested with a proof load which shall exceed the safe working load as follows—
Safe Working Load
Proof Load
Up to 20 tons
20-50 tons
Over 50 tons
25 per cent in excess.
5 tons in excess.
10 per cent in excess.
The proof load shall be hoisted and swung as far as possible in both
directions.
In the case of a jib-crane, if the jib has a variable radius, it shall be tested
with a proof load as defined above at the maximum and minimum radii of the jib.
In the case of hydraulic cranes or hoists, where, owing to the limitation
of pressure, it is impossible to hoist a load 25 per cent in excess of the safe
working load, it shall be sufficient to hoist the greatest possible load.
3. Every article of loose gear (whether it is accessory to a machine or
not) shall be tested with a proof load at least equal to that shown against the
article in the following table—
Article of Gear
Chain
Ring
Hook
Shackle
Swivel
Proof Load
Twice the safe working load.
Pulley Blocks
Proof Load
Single Sheave Block.
Four times the safe working load.
Multiple Sheave Block with safe
working load up to and
including 20 tons.
Twice the safe working load.
Multiple Sheave Block with safe
working load over 20 tons
up to and including 40 tons.
20 tons in excess of the safe
working load.
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Multiple Sheave Block with safe
working load over 40 tons.
One and a half times the safe
working load.
Provided that, where the chief inspector is of the opinion that, owing to
the size, design, construction, material or use of any such loose gear or class of
such gear, any of the above requirements are not necessary for the protection of
persons employed, he may by notice in the Gazette exempt such gear or class
of gear from such requirement, subject to such conditions as may be stated in
the certificate.
4. After being tested as aforesaid, all machines with the whole of the
gear accessory thereto and all loose gear shall be examined, the sheaves and
the pins of the pulley blocks being removed for the purpose, to see that no part
is injured or permanently deformed by the test.
5. In the case of wire ropes, a sample shall be tested to destruction and
the safe working load shall not exceed one-fifth of the breaking load of the
sample tested.
THIRD SCHEDULE
(r. 27 (2))
Manner of Heat-Treatment of Chains, Rings, Hooks,
Shackles and Swivels
Chains, rings, hooks, shackles and swivels shall, if made of wrought
iron, be annealed by being placed in a suitably constructed furnace and heated
uniformly until the whole of the metal has attained a temperature between 1,100
degrees Fahrenheit (600 degrees Centigrade) and 1,200 degrees Fahrenheit
(650 degrees Centigrade) and, after being so heated, allowed to cool uniformly:
Provided that, if the past history of any such gear is not known, the
gear shall be normalized by being placed in a suitably constructed furnace and
heated until the whole of the metal has attained a temperature between 1,750
degrees Fahrenheit (950 degrees Centigrade) and 1,830 degrees Fahrenheit
(1,000 degrees Centigrade) and, after being so heated, allowed to cool uniformly.
After heat-treatment the gear shall be carefully inspected by a competent
person, and details of any defects found shall be entered in the prescribed form.
FOURTH SCHEDULE
(r. 10 (1))
Standard for First-Aid Boxes
First-aid boxes or cupboards shall comply with the following standard—
(1) each first-aid box or cupboard shall contain at least—
(a) a copy of the first aid leaflet (L.D. 250/1) issued by the Labour
Department;
(b) a sufficient number (not less than 24) of small sterilized
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unmedicated dressings for injured fingers;
(c) a sufficient number (not less than 12) of medium-sized sterilized
unmedicated dressings for injured hands or feet;
(d) a sufficient number (not less than 12) of large sterilized unmedicated
dressings for other injured parts;
(e) a sufficient number (not less than 36) of adhesive wound dressings
of a suitable type and of assorted sizes;
(f) a sufficient number (not less than 8) of triangular bandages of
unbleached calico, the longest side of which measures not less
than fifty-one inches and each of the other sides not less than
thirty-six inches;
(g) a sufficient supply of adhesive plaster;
(h) a sufficient supply of absorbent sterilized cotton wool in halfounce packets;
(i) a sufficient supply of Factory Eye Drops, B.P.C;
(j) a sufficient number (not less than 8) of sterilized eye-pads in
separate sealed packets;
(k) a tourniquet;
(l) a supply of safety pins;
(2) all materials for drugs and dressings contained in first aid boxes or
cupboards shall be those designated in, and of a grade or quality not lower
than the standards specified by, the British Pharmaceutical Codex including
any supplement thereto;
(3) each first aid box or cupboard shall be plainly marked “FIRST-AID”
FIFTH SCHEDULE
Prescription of Register and Forms
1. The register shall be in the form of the register printed and published
by the Government Printer-entitled “Register of Machinery, Chains, etc., and
Wire Ropes” and bearing the reference “L.D.290”.
2. The certificate of every test, examination or heat-treatment shall be in
the form of, and contain the particulars specified in, forms printed and published
by the Government Printer, being forms bearing the reference “L.D.” followed
by the numbers respectively set out hereunder in relation thereto, that is to say—
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FIFTH SCHEDULE—Contd
(a) for the test and examination of masts and mast stays,
winches, derricks and accessory gear, before being taken
into use . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. ...... .. .. .......
L.D. 291
(b) for the test and examination of cranes or hoists, and their
accessory gear, before being taken into use . .. .. .. .. .. .. .
L.D. 292
(c) for the test and examination of chains, rings, hooks,
shackles, swivels and pulley blocks, before being taken
into use . . .. ................. ...... . ............... ......... ....... ... ...
L.D. 293
(d) for the test and examination “of wire rope, before being
taken into use . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. .. .. .. .. ..
L.D. 294
(e) for the heat-treatment of chains, rings, hooks, shackles
and swivels which require such treatment .. .. .. .. .. ... ..
L.D. 295
Classes of gear exempted from the requirements of rule 27 as to
heat-treatment, under rule 27 (2), proviso (ii), of the Factories (Docks)
Rules—
(a) chains made of malleable cast iron;
(b) plate link chains;
(c) chains, rings, hooks, shackles and swivels made of steel;
(d) pitched chains;
(c) rings, hooks, shackles and swivels permanently attached to pitched
chains, pulley blocks or weighing machines;
(f) hooks and swivels having screw-threaded parts or ball bearing or
other case-hardened parts;
(g) bordeaux connexions,
subject to the condition that such gear shall be thoroughly examined by a
competent person once at least in every twelve months, and that certificates in
the form printed and published by the Government Printer bearing the reference
“L.D. 296” and containing the particulars specified in the said form with
regard to such examinations shall be obtained and entered in or attached to the
prescribed register before the gear to which the certificate refers is subsequently
taken into use in connexion with the processes.
For the purposes of this exemption, thorough examination means a
visual examination, supplemented if necessary by other means, carried out as
carefully as the conditions permit, in order to arrive at a reliable conclusion as
to the safety of the parts examined; and if necessary for the purpose, parts of
the gear must be dismantled.
L.N. 597/1962.
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FIFTH SCHEDULE—Contd
Classes of gear exempted from the requirements of paragraph 3 of the
Second Schedule, under paragraph 3 of the Second Schedule to the
Factories (Docks) Rules—
(a) pitched chains used with hand-operated pulley blocks and rings,
hooks, shackles or swivels permanently attached thereto;
(b) hand-operated pulley blocks used with pitched chains and rings,
hooks, shackles or swivels permanently attached thereto,
subject to the condition that such gear shall have been tested by a
competent person with a proof load at least equal to one and a half
times the safe working load.
L.N. 405/1957,
L.N. 514/1990.
Order under section 60
THE FACTORIES (EXTENSION OF APPLICATION) ORDER
1. This Order may be cited as the Factories (Extension of Application)
Order.
2. The provisions of the Act hereafter in this Order mentioned shall
apply to any premises (not being premises forming part of a factory or premises
to which the application of the Act is extended by section 57 or section 58 of
the Act) in which a hoist or lift is used, as if the premises were a factory and
as if the person having the actual use or occupation of the premises were the
occupier of a factory, that is to say—
(a) Part I;
(b) Part II;
(c) the provisions of Part V with respect to hoists and lifts and steam
boilers, steam receivers and steam containers (including the
provisions as to exceptions as to hoists, lifts, steam boilers, steam
receivers and steam containers), so, however, that the owner of the
hoist, lift, steam boiler, steam receiver or steam container shall,
instead of the person deemed to be the occupier, be responsible for
any contravention of the said provisions in so far as they relate to
matters within his control;
(d) the provisions of Part V with respect to the power of a court to
make orders as to dangerous conditions and practices;
(e) the provisions of Part VII with respect to rules for health, safety
and welfare;
(f) the provisions of Part IX with respect to general registers (so far
as applicable) and preservation of registers and records, subject to
such modifications as may be made by rules made by the Minister,
and the provisions of the said Part with respect to duties of persons
employed;
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(g) the provisions of Part X with respect to powers and duties of
inspectors, and to rules and orders made under the Act;
(h) Part XI;
(i) Part XII:
Provided that, where the premises are in the use or occupation of more
than one person, the aforementioned provisions of the Act in so far as they relate
to hoists and lifts shall apply to the premises as if the owner of the premises,
instead of any other person having the actual use or occupation thereof, were
the occupier.
3. If a hoist or lift is newly taken into use in any premises (not being
premises forming part of a factory or premises to which the application of the
Act is extended by section 57 or section 58 of the Act), the person who is for
the purposes of this Order the occupier of such premises shall, not later than
one month after the date upon which the hoist or lift is first used, send to the
Director of Occupational Health and Safety Services a written notice of the
address at which the hoist or lift is used.
Order under section 61 (1)
THE FACTORIES (FORM OF ABSTRACT) ORDER
1. This Order may be cited as the Factories (Form of Abstract) Order.
2. The abstract of the Act required to be kept posted in a prominent
position in every factory shall be in the form set out in the Schedule to this Order.
L.N. 547/1956,
L.N. 514/1990.
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L.N. 514/1990.
[Rev. 2010
Schedule
(para. 2)
The Factories Act
Abstract of the Act in Form Prescribed by the Minister
To be kept posted in factories at principal entrances or in such parts
as an Inspector may direct
Inspector of Factories
to whom communications relative to
the Act should be addressed:
Address ............................................
Telephone No. ..................................
Director of Occupational Health
and Safety Services
Name of Occupier ..........................
Postal Address ...............................
Situation of Factory ........................
.......................................................
Address ............................................
Telephone No. ..................................
Labour Officer:
Address ............................................
Telephone No. ..................................
Abstract
Health
1. Cleanliness.—Every factory must be kept clean. In particular,
accumulations of dirt and refuse must be removed daily from floors and benches;
the floor of every workroom must be cleaned at least once a week; and all inside
walls, partitions and ceilings must (a) if they have a smooth impervious surface,
be washed with hot water and soap or cleaned by other approved method every
12 months, or (b) if kept painted with oil paint or varnished, be repainted or
revarnished every five years and washed with hot water, etc., every 12 months
or (c) in other cases, be whitewashed or colour washed every 12 months. The
prescribed particulars must be entered in the general register.
2. Overcrowding.—A factory must not be overcrowded. There must be
in each workroom at least 350 cubic feet of space for every person employed,
not counting space more than 14 feet from the floor.
3. Every workroom (subject to any exceptions allowed) must be not
less than nine feet in height, measured from the floor to the lowest point of the
ceiling or, where there is no ceiling, to the lowest point of the roofing material.
4. Ventilation.—Adequate ventilation of workrooms must be secured
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by the circulation of fresh air.
5. Lighting.—There must be sufficient and suitable lighting in every
part of the factory in which persons are working or passing.
6. Drainage of Floors.—Where wet processes are carried on, adequate
means for draining the floor must be provided.
7. Sanitary Accommodation.—Sufficient and suitable sanitary
conveniences, separate for each sex, must be provided subject to conformity
with any standards prescribed by rules.
8. Removal of Dust or Fumes.—Where, in connexion with any process,
dust or fume likely to be injurious or offensive, or any substantial quantity of dust
of any kind, is given off, all practicable measures must be taken to protect the
workers against inhaling it, and where practicable localized exhaust ventilation
must be provided and maintained.
9. Meals in Certain Dangerous Trades.—A person must not partake of
food or drink in workrooms where any poisonous substance is so used as to
give rise to dust or fume.
10. Protective Clothing and Appliances.—Suitable protective clothing
and appliances, including, where necessary, suitable gloves, footwear, goggles
and head coverings, must be provided and maintained for the use of workers
employed in any process involving exposure to wet or to any injurious or
offensive substance.
Safety
11. Fencing.—Every part of the transmission machinery and every
dangerous part of other machinery, and all parts of electric generators, motors
and rotary convertors, and flywheels directly connected to them, must be
securely fenced unless in such a position or of such construction as to be as safe
to every person employed or working on the premises as if securely fenced; and
any part of a stock-bar which projects beyond the head-stock of a lathe must
be securely fenced unless it is in such a position as to be as safe to every such
person as if securely fenced.
12. Moving parts of other prime movers, and flywheels directly
connected to them, and the head and tail race of a water wheel or water turbine,
must be securely fenced irrespective of their position.
13. Fixed vessels, pits, etc., containing scalding, corrosive or poisonous
liquids must, unless the edge is three feet above the adjoining ground or platform,
be securely fenced to at least that height or be securely covered; where this is
impracticable, other precautions, so far as practicable, must be taken. Fixed
vessels, pits, etc., must have a warning notice displayed, in a form readily
understood by the persons employed, indicating the nature of the danger.
14. All fencing must be of substantial construction and be maintained
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in an efficient state.
15. Further Requirements in Connection with Transmission Machinery.—
Devices or appliances for promptly cutting off the power from the transmission
machinery must be provided in every room or place where work is carried on.
Every power-driven machine must be provided with an efficient starting and
stopping appliance, the control of which must be readily accessible to the person
operating the machine. Efficient mechanical appliances must be provided to
move driving belts to and from fast and loose pulleys. Driving belts must not
rest or ride on revolving shafts when the belt is not in use.
16. New Machines.—New power-driven machines must not be sold, let
on hire or used unless certain parts are effectively guarded.
17. Training and Supervision of Inexperienced Workers.—A person
must not work at any dangerous machine or in any dangerous process unless
(i) he has been fully instructed as to the dangers and precautions, and (ii) he
has received sufficient training in the work or is under adequate supervision.
18. Protection of Eyes.—Goggles or effective screens must be provided
in certain specified processes.
L.N. 514/1990.
19. Hoists or Lifts.—Every hoist or lift must be of good mechanical
construction, sound material and adequate strength, and be properly maintained.
It must be thoroughly examined every six months by a person approved by the
Director of Occupational Health and Safety Services. A report of the examination
must be entered in or attached to the general register.
20. Every hoistway must be efficiently protected by a substantial
enclosure and landing gates with efficient interlocking or other devices. The
safe working load must be marked conspicuously on each hoist. Additional
safeguards (eg. interlocking gates for cages) must be provided on hoists used
for carrying persons, whether with goods or otherwise. The requirements are
somewhat less stringent in the case of hoists not connected with mechanical
power.
L.N. 514/1990.
21. Chains and Ropes and Lifting Tackle.—No chain, rope or lifting
tackle used for raising or lowering persons or goods may be used unless it is of
good construction, sound material and adequate strength, and free from patent
defect. Tables of safe working loads must be prominently displayed on the
premises, but need not cover any lifting tackle the safe working load of which
is marked on the tackle itself. Chains, ropes and lifting tackle in use must be
thoroughly examined by a person approved by the Director of Occupational
Health and Safety Services every six months, and must not (excepting fibre
ropes and fibre rope slings) be taken into use for the first time in the factory
unless they have been tested and certified.
L.N. 514/1990.
22. Periodic annealing is required, except in the case of ropes and rope
slings and other tackle exempted by the Director of Occupational Health and
Safety Services.
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23. A register of all chains, etc., and also the certificates of tests, must
be kept.
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24. Cranes, etc.—All parts and working gear (including anchoring L.N. 514/1990.
appliances) of cranes and other lifting machines must be of good construction,
sound material and adequate strength, and must be properly maintained. A
thorough examination of all such parts by a person approved by the Director of
Occupational Health and Safety Services must be made every fourteen months. A
lifting machine must not be taken into use for the first time in the factory unless
it has been tested and certified. A register of examinations and tests must be
kept. The safe working load or loads must be shown on every lifting machine;
in the case of cranes with a derricking jib, an automatic indicator or a table of
safe working loads must be attached to the crane.
25. Rails and tracks of travelling cranes and transporters must be of
proper size and construction. If any person is working near the wheel-track of
an overhead travelling crane, steps must be taken to ensure that the crane does
not approach within 20 feet.
26. Construction of Floors, Precautions Against Falls, etc.—Floors,
passages, gangways, steps, stairs and ladders must be soundly constructed and
properly maintained, and handrails must be provided for stairs.
27. So far as is reasonably practicable, there must be provided (i) safe
means of access to every place at which any person has at any time to work,
and (ii) fencing or other means for ensuring the safety of any person who is to
work at a place from which he would be liable to fall more than ten feet and
which does not afford secure foot-hold and, where necessary, secure hand-hold.
28. Every teagle opening or similar doorway used for hoisting or
lowering goods must be fenced (except when the hoisting or lowering is going on
at that opening), and be provided with a hand-hold on each side of the opening.
29. Precautions Against Gassing.—Special precautions are laid down
for work in confined spaces where men are liable to be overcome by dangerous
fumes.
30. Explosions of Inflammable Dust or Gas.—Precautions against
explosions are laid down for certain processes and for welding or soldering on
containers which have held any explosive or inflammable substance.
31. Steam Boilers, Steam Receivers, etc.—Every part of every steam
boiler and steam receiver must be of good construction, sound material and
adequate strength, and free from patent defect. Detailed requirements are laid
down as to the valves and other fittings. The outlet of every steam container
must at all times be kept open and free from obstruction.
32. Steam boilers and steam receivers and their fittings must be properly
maintained, and must be thoroughly examined by an authorized boiler inspector,
in the case of boilers every fourteen months and also after extensive repairs,
and in the case of steam receivers every twenty-six months. A report of each
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examination must be attached to the general register. New or second-hand
boilers must be examined before being taken into use.
33. Air Receivers.—Every air receiver and its fittings must be of sound
construction and properly maintained. Detailed requirements are laid down as
to the fittings.
L.N. 514/1990.
34. Air receivers must be thoroughly cleaned, and must be examined
or tested every twenty-six months by a person approved by the Director of
Occupational Health and Safety Services, and a report entered in or attached
to the general register. In some cases a longer period is allowed.
35. Fire.—Adequate and suitable means for extinguishing fire must be
provided in every factory.
36. Adequate means of escape in case of fire must be provided. While
any person is in the factory for the purpose of employment or meals, doors
must not be so locked or fastened that they cannot be easily and immediately
opened from the inside. In the case of newly constructed or converted factories,
all doors affording a means of exit from the factory must be sliding doors or
open outwards. Fire exits must be marked by a notice printed in red letters
of adequate size. Effective steps must be taken to ensure that the workers are
familiar with the means of escape and the routine to be followed in case of fire.
Welfare
37. Drinking Water.—An adequate supply of wholesome drinking water
must be provided.
38. Washing Facilities.—Adequate and suitable washing facilities must
be provided and maintained.
39. Accommodation for Clothing.—Adequate and suitable accommodation
for clothing not worn during working hours must be provided.
40. Facilities for Sitting.—Suitable facilities for sitting must be provided
for all female workers whose work is done standing, sufficient to enable them
to take advantage of any opportunities for resting.
41. First-aid.—In every factory there must be provided a first-aid box
or cupboard of the prescribed standard, containing nothing except first-aid
requisites, and in charge of a responsible person who must be always readily
available during working hours. In every workroom a notice must be affixed
stating the name of the person in charge of the box or cupboard provided in
respect of that room. Where more than 150 persons are employed at one time,
an additional box or cupboard for every additional 150 persons or fractions of
that number is required.
General
42. Duties of Persons Employed.—A person employed must not wilfully
interfere with or misuse any means, appliance, convenience or other thing
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provided in pursuance of the Act for securing health, safety or welfare, and
he must use any means or appliance for securing health or safety provided for
his use under the Act. He must not wilfully and without reasonable cause do
anything likely to endanger himself or others.
43. Registration.—Before any premises are occupied or used as a factory, L.N. 514/1990.
a certificate of registration must be obtained from the Director of Occupational
Health and Safety Services.
44. General Register.—The occupier must keep a general register in
the prescribed form.
45. Rules for Health, Safety and Welfare.—Rules made for particular
industries, processes, plant, etc., must be observed, and printed copies or
prescribed abstracts of all such rules in force in any factory must be kept posted
in the factory.
46. Inspection.—Inspectors of factories have power to inspect every part
of a factory by day or by night. They may require the production of registers,
certificates and other papers. They may examine any person found in the factory,
either alone or in the presence of any other person as they think fit, and may
require him to sign a declaration of the truth of the matter about which he is
examined. They may also exercise such other powers as may be necessary for
carrying the Act into effect, including certain powers of taking samples for
analysis. Every person obstructing an inspector is liable to a penalty.
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L.N. 31/2004.
Citation.
Interpretation.
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THE FACTORIES AND OTHER PLACES OF WORK (SAFETY AND
HEALTH COMMITTEES) RULES, 2004
1. These Rules may be cited as the Factories and Other Places of Work
(Safety and Health Committees) Rules, 2004.
2. In these Rules, except where the context otherwise requires—
“audit” means periodic evaluation of working environment and
organizational management systems in a factory or workplace for prevention
of accidents, occupational diseases, ill-health or damage to property;
“chairman means the chairman referred to in Rule 5 (5);
“Committee” means a Safety and Health Committee established pursuant
to section 65A of the Act;
“competent person”, in relation to any duty or function, means a person
who has had adequate training, relevant qualifications and experience to enable
him to perform that duty or function;
“director” means the Director of Occupational Health and Safety Services
appointed under the Act;
“management” means the occupier and the administrative staff of a
factory;
“occupational and health and safety officer” means an officer appointed
under section 68 of the Act;
“occupier” means the person or persons in actual occupation of a factory,
whether as the owner or not;
“regular employee” means a person employed on permanent, temporary,
or contract terms, including contractors or suppliers, and “regularly employ”
shall be construed accordingly;
“workplace” includes any land, premises, location, vessel or thing at,
in, upon, or near which a worker performs his duty in accordance with his
contract of employment;
Application.
3.These Rules shall apply to all factories and other workplaces which
regularly employ twenty or more employees.
Formation of
Committees.
4.(1) The occupier of every factory or other workplace to which these
Rules apply shall establish a Safety and Health Committee in the manner
provided in these Rules.
(2) A Safety and Health Committee shall consist of safety representatives
from the management and the workers in the following proportions—
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(a) in the case of factories or other workplaces with between twenty
and one hundred regular employees, not less than three safety
representatives each from the management and the workers;
(b)in the case of factories or other workplaces with between one
hundred. and one thousand regular employees, not less than five
safe representatives each from the management and the workers and;
(c) in the case of factories or other workplaces with one thousand or
more regular employees, not less than seven safety representatives
each from the management and the workers.
(3) The occupier shall, not later than six months after the coming into
operation or these Rules, appoint a competent person, being a member of the
management staff, to be responsible for safety, health and welfare in the factory
or workplace.
(4) The person appointed under paragraph (3) shall be the Secretary to
the Committee.
5. (1) The safety representatives from—
Orgainization of the
Committee.
(a) the management, shall include the occupier or his duly authorized
representative, and other persons appointed for the purpose of these
Rules by the occupier; and
(b) the workers, shall be elected in accordance with paragraph (2).
(2) The occupier shall organize and oversee the election of the
representatives of the workers on the Committee, following a procedure agreed
upon between the occupier and the workers.
(3) The occupier shall, in overseeing elections under paragraph (2),
ensure, as far as possible—
(a) equitable representation of departments or units which are detached
from the main office; and
(b) gender parity.
(4) Safety representatives shall serve on the Committee for a term of three
years and shall be eligible for re-election or re-appointment for one further term.
(5) The occupier, or the occupier’s duly authorized representative, shall
be the chairman of the Committee.
6. The functions of the Committee shall be to—
(a) establish a schedule of inspection of the workplace for each
calendar year;
Functions and duties
of the Committees.
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(b) conduct safety and health inspections at least once in every three
months;
(c) inspect, investigate and make recommendations to the occupier
immediately any accident or dangerous occurrence takes place.
(d) identify occupational hazards and cases of ill-health among
workers at the workplace and make appropriate recommendations
to the occupier;
(e) compile statistics of accidents, dangerous occurrences and cases of
ill-health as primary data for providing remedial measures, planning
and allocation of resources;
(f) investigate complaints relating to workers’ health, safety and
welfare at the workplace and make representations to the occupier
on their findings;
(g) advise on the adequacy or otherwise of safety and health measures
for particular hazardous work or activities;
(h) establish effective communication channels on matters of health
and safety between the management and the workers;
(i) organize such contests or activities necessary for achieving the
fulfilment of the mandate of the Committee;
(j) conduct seminars and workers’ education programmes and provide
information for safety, health and welfare at the workplace; and
(k) carry out any other functions necessary for the promotion of a safe
and healthy working environment.
Meetings and
minutes of the
Committee.
7. (1) The Committee shall meet not less than four times in every year,
and not more than three months shall elapse between the date of one meeting
and the date of the next meeting
(2)(a) Notwithstanding paragraph (1), the chairman shall convene a
meeting of the Committee within twenty-four hours following any accident
or other dangerous occurrence, or the outbreak of an unusual illness, at the
workplace.
(b) The minutes of a meeting convened under subparagraph (a) shall
be forwarded to the director within seven days from the date of
the meeting.
(3)Without prejudice to the foregoing, the chairman of a Committee
may, at any time of his own motion, convene a meeting of the Committee, and
shall on the application of at least six members, convene a special meeting of
the Committee.
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(4)(a) The quorum of a meeting of the Committee shall be not less
than two thirds of the members representing employees and one third of those
representing the management.
(b) The director or his representative may, on his own initiative or
upon invitation by the chairman, attend a meeting of the Committee.
(5)At least seven days’ written notice of every meeting of the Committee
shall be given to every member of the Committee.
(6)The Committee may invite on an ad hoc basis to its meetings, or
interview, any person it believes to have information in relation to any matter
which is being considered by the Committee.
(7)The Committee may co-opt into its membership one or more persons
by reason of their particular knowledge or experience in health and safety
matters as an advisory member of the Committee, but such co-opted member
shall not be entitled to vote.
(8)The Secretary of the Committee shall in the course of exercising his
functions as such, cause a summary of the minutes of every meeting, giving the
final decisions and plans of actions arrived at during the meetings, to be posted
at a prominent place so as to be easily accessible to the workers.
(9)The director may require the occupier to furnish his office with a
schedule of the meetings of the Committee for each year or part thereof, and
the proceedings of the same.
8. (a) The chairman of the Committee shall—
(i) preside over all Committee meetings at which he is present;
(ii) keep the members informed of the safety and health policy
of the factory or workplace;
(iii) assist the Committee in setting its objectives and its scope
of activities; and
(iv) assign responsibilities to members.
(b) The Secretary to the Committee shall—
(i) arrange and co-ordinate Committee meetings in consultation
with the chairman;
(ii) take minutes at Committee meetings;
(iii) maintain an up to date record of the activities of the
Committee;
(iv) obtain and analyse statistics for Committee meetings;
Roles in the
Committee.
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(v) co-ordinate and monitor occupational safety and health
programmes;
(vi) disseminate safety and health information to members;
(viii) ensure that all reports arising from the functions of the
Committee, from the director, or persons approved under
these rules or under the Act, are availed to the Committee.
(vii) draw up safety and health inspection schedules; and
(c) The members of the Committee shall—
Duties of the
occupier.
(i) attend all Committee meetings;
(ii) provide feedback to their departments or units on safety,
health and welfare issues raised in the meetings;
(iii) set good examples of safe and healthy work practices;
(iv) monitor compliance with safety and health rules in their
respective departments or units;
(v) participate in the training of workers in matters related to
health and safety;
(vi) carry out any other activities necessary for the promotion
of occupational safety, health and welfare in the workplace;
and
(vii) provide written, recommendations to the occupier on
areas and issues requiring action following inspections
carried out under these Rules.
9. The occupier shall—
(a) provide, at no cost to the Committee, a suitable venue and other
facilities for holding Committee meetings;
(b) allow members to attend the meetings and other functions of the
Committee without loss of earnings, opportunities for promotion
or advancement;
(c) ensure that all safety representatives undertake training courses
organized for purposes of these Rules;
(d) provide the Committee with—
(i) any information or report on any accidents, dangerous
occurrences or incidents of occupational diseases immediately
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it comes to his knowledge;
(ii) statistics of accidents, dangerous occurrences, and incidents of
occupational diseases;
(iii) all the necessary or relevant information on hazardous substances;
(iv) safety and health reference materials and facilities;
(e) cause the monitoring and evaluation of hazards and risks identified
by the Committee to be carried out by a competent person.
(f) develop a clearly defined safety and health policy and bring it to
the notice of all employees at the work place, and send a copy of
the policy to the director;
(g) facilitate the implementation and review of the organization’s
safety and health policy;
(h) make available to the Committee legislation on occupational
safety and health;
(i) make a report to the director on all accidents as required under
the Act;
(j) chair meetings, and, in.his absence, delegate the function to a senior
member of the management;
(k) cause further specialized evaluation as necessitated by the audit
report in regard to medical examination of the workers, testing
and examination of plant and equipment, monitoring of the work
environment or other scope whenever he is required to do so in
writing by the Director.
(l) cause to be maintained a record of the proceedings of Committee
meetings and reports of the audit referred to in these rules; and
(m) ensure that all matters set out in these Rules are complied with.
10. (1) The Director may invite applications by competent persons, for Approval of advisers.
approval to serve as safety and health advisers.
(2) A person shall be qualified to be a safety and health adviser such
person holds a minimum qualification of a certificate in occupational safety
and health from a recognized institution and has proven practical experience
in this field for a period of five years.
(3) The Director shall consider all applications received and approve
suitable persons to serve as health and safety advisers for purposes of these
Rules.
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(4) The Director shall, by notice in the Gazette, notify the appointments
made under paragraphs 3, and maintain a register of all persons appointed
thereunder.
(5) Every adviser shall be issued with a certificate by the director, upon
payment of the prescribed fee.
(6) The certificate issued under paragraph (4) shall be renewable annually.
Duties of a registered
safety and health
adviser.
11. (1) The safety and health adviser shall—
(a) carry out safety and health audits of the factory or workplace at
the request of the occupier;
(b) advise the occupier and the members of the Committee on matters
relating to occupational health and safety arising from the audit
report;
(c) submit a copy of the audit report to the director.
Training of the
Committee.
12. (1) Every member of the Committee shall undertake a prescribed basic
training course in occupational health and safety within a period of six months
from the date of appointment or election, as the case may be, and thereafter
further training from time to time.
(2)The training course referred to in subparagraph (1) shall be in such
form and in such institutions as may be approved by the director.
(3)The director may, on application, exempt any person from undertaking
the training courses referred to in paragraph (1) where the director is satisfied
that the applicant is suitably qualified for the purposes of these Rules.
(4)The Director shall, once every year, publish in the Gazette a list of
the institutions approved for purposes of paragraph (2).
Health and safety
audit.
13. (1) The occupier of every factory or workplace shall cause a health
and safety audit of the workplace to be carried out at least once in every period
of twelve months by a registered health and safety adviser at such fee as may
be agreed upon with such adviser.
(2) The report of the audit shall be kept by the occupier for purposes of
theses Rules and a copy of the same shall be sent to the director by the adviser
within a period of thirty days following the audit.
Offence in relation
to audit.
14 (1) Any person authorized to carry out an audit under these Rules
who—
(a) fails to make a report as required by these Rules;
(b) makes a report which is false or deficient in its technical content; or
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[Subsidiary]
(c) fails to send to the director a copy of any report as required,
shall be guilty of an offence. and liable to a fine not exceeding fifty thousand
shillings or to imprisonment for a term not exceeding three months, or to both
such fine and imprisonment.
15. Any occupier, or any other person who contravenes any of these Others offences.
Rules, shall be guilty of an offence and liable to a fine not exceeding fifty
thousand shillings.
THE FACTORIES AND OTHER PLACES OF WORK
(MEDICAL EXAMINATION) RULES, 2005
L.N. 24/2005.
1. These Rules may be cited as the Factories and Other Places of Work Citation.
(Medical Examination) Rules, 2005.
2. In these Rules except where the context otherwise requires—
Interpretation.
“medical examination” means examination of workers exposed to
specified occupational hazards indicated in the First Schedule to these Rules
for the purpose of prevention and control of occupational diseases;
“employer” includes owner and/or occupier;
“employee” means a person who has entered into or works under a
contract of service or of apprenticeship or learnership, with an employer
whether the contract is express or implied, oral or in writing and whether the
remuneration is calculated by time or by work done or is in cash or in kind;
“designated” health practitioner” means any medical practitioner whether
a public officer or not who is authorized by the director, by certificate in writing,
to carry out examination of workers in accordance with, and for the purposes
of these Rules;
“directorate” means the directorate of occupational health and safety
services;
“occupational diseases” means any departure from health occasioned by
exposure to any factor or hazard in the workplace;
“workplace” includes any land, premises, location, vessel or thing at, in,
upon or near where an employee is, in the course of employment.
3. These Rules shall apply to medical examination of all those employees
in employment or have been in employment in every workplace, to which the
provisions of the Act apply.
Application.
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Occupations
requiring medical
examination.
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4. (1) It shall be the duty of the employer to ensure that all persons
employed in any of the occupations outlined in the Eighth Schedule to the
Act undergo both pre-employment and periodic medical examinations by the
designated health practitioner as outlined in the First Schedule.
(2) The fees to be charged by the designated health practitioner shall be
as prescribed by the director.
(3) The Minister may, in the Gazette, publish any other work involving
risk to the health of the employees.
(4) Any employer who does not comply with paragraph (1) shall commit
an offence.
Duties of employer
and employees as to
medical examination.
5. (1) The employer shall ensure that the examination takes place without
any loss of earnings for the employees and if possible within normal working
hours during their employment.
(2)The costs in connection with such examination shall be paid by the
employer.
(3)The employees and former employees shall be under an obligation to
undergo examination in accordance with these rules.
(4)Any person who contravenes this provision shall commit an offence.
Reports on
examination.
6. (1) Results of the examination shall be entered into each individual’s
medical record by the designated health practitioner and shall be updated with
each examination whenever repeat tests are carried out.
(2)Summary report forms as outlined in the Second Schedule shall be
completed after medical examination for each hazard and shall be submitted
within twenty one days to the director and a copy sent to the employer.
(3)If there is more than one hazard in the same workplace, separate
summary report forms shall be used for each hazard.
Certificate of
redeployment.
7. (1) If it is desirable that an employee be removed from further exposure
to a particular hazard, the certificate of redeployment as outlined in the Third
Schedule shall be filled and completed in triplicate by the designated health
practitioner and a copy sent to the employer, employee and the director within
seven days from the date of the examination.
(2) In these rules, unless where it is otherwise indicated, all abnormal
examination results shall be repeated within two weeks to ensure consistency.
Certificate of fitness.
8. (1) Examination results for persons entering employment or those
returning from sick leave occasioned by occupational diseases shall be entered
into the certificate of fitness as outlined in the Fourth Schedule, which shall
be kept by the designated health practitioner, and a copy thereof given to the
employee.
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(2) If an employee is exposed to more than one of the specified hazards,
a separate certificate of fitness shall be completed for each hazard.
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[Subsidiary]
9. (1) The provisions of section 45 regarding the notification of Notification.
occupational diseases shall apply mutatis mutandis for all abnormal results as
if they were set out therein.
(2) Notification shall contain particulars as outlined in the notification
form in the Fifth Schedule.
10. Any person who contravenes these rules shall commit an offence and Offices and penalties.
the provisions of the Act on offences and penalties shall mutatis mutandis apply.
Work with arsenic and its compounds.
Work where asbestos is handled.
3.
4.Sputum cytology
3.Full size chest x-ray.
2.Lung function tests.
1.Clinical examination.
4.Sputum cytology.
3.Full size chest x-ray.
2.Estimation of urinary arsenic
content.
1.Clinical examination.
Handling animals, animal products, Clinical examination.
animal carcasses, veterinary work,
laboratory and health work.
Medical examinations
Indication for redeployment and notification to the Director
(iii) Suspected or diagnosed cases of asbestosis and/or
mesothelioma and bronchogenic carcinoma.
Pre-employment and (i) Symptomatic worker.
annual for all
(ii) Progressive deterioration in chest X-ray
findings.
(iii) All cases with evidence of cancer.
Pre-employment and (i) All cases of definite or suspected arsenic poisoning.
annual for all.
(ii) Cases with urine arsenic levels of 500 micrograms
per litre in two successive examinations at two
weeks interval.
Pre-employment and All cases of definite or
annual.
suspected zoonotic diseases.
Examination interval
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2.
1.
Work involving risk to health
Occupations Requiring Medical Examination (s)
FIRST SCHEDULE (RULE 4)
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5
4
Work involving exposure to
cadmium
(iii) Cases with urine beta 2 micro globulin exceeding
200 micro grams per litre.
(ii) Cases with blood cadmium levels of more than 100
micrograms per litre in two successive examinations
at a two weeks interval.
(i) All cases of definite cadmium poisoning and excessive
absorption.
(iii)Cases of anaemia and/ or leukaemia.
(ii) Cases with urine phenol levels of more than 50
micrograms per litre in two successive examinations
at a two weeks interval.
(i) All cases of definite or suspected poisoning and
excessive absorption.
Indication for redeployment and notification to the Director
Occupational Safety and Health
3.Urine beta 2 micro
globulin.
2.Blood cadmium
estimation.
1. Clinical examination
Pre-employment and
annual for all.
Pre-employment and annual
for both.
1.Clinical examination.
Work involving exposure to
benzene
2.Full haemogram .
Examination interval
Medical examinations
Work involving risk to health
FIRST SCHEDULE (RULE 4)—(Contd.)
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6.
Work in adverse atmospheric
pressure and compressed air
environments.
Work involving risk to health
Clinical examination
Medical examinations
(iii) Cases with juxta- articular
lesions.
(c)Not more than 3 days prior to re-employment
in compressed air:
(ii) After a worker has suffered from cold, chest
infection, sore throat and ear ache.
(i)After a worker has been employed for more
than 14 consecutive days.
(ii) Cases with evidence of
conditions for which copressed
air work is contraindicated.
(i)Type II compressed air
illness.
(iv) All cases with evidence of
cancer (lung, prostate).
Indication for redeployment and notification to the
Director
No. 15
(b)Not less than once in every 4 weeks for
working pressure exceeding 1 bar.
(a)Not less than once in every 3 months for
working pressures not exceeding 1 bar.
Pre-employment thereafter
Examination interval
FIRST SCHEDULE (RULE 4)—(Contd.)
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Work involving risk to health
Pre-employment and annual.
Pre-employment and annual.
Pre-employment and annual.
Pre-employment and annual.
2.Audiometry.
3.Test in lock.
4.Full-size chest X-ray.
(iii) After a worker has suffered from any illness
or injurynecessitating absence from work
more than three consecutive days.
Examination interval
1.Height, weight and body
fat estimation.
Medical examinations
FIRST SCHEDULE (RULE 4)—(Contd.)
Indication for redeployment and notification to the
Director
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[Subsidiary]
Handling fossil oil.
Work where ionising and
non- ionising radiations are
emitted.
Work involving exposure to
Iron.
Work involving exposure to
lead and its compounds.
8.
9.
10.
Pre-employment and annual.
(a) Pre-employment and annual
(b) Pre-employment, annual and a repeat depending Males and females with blood lead
on blood lead level.
levels of 70 micrograms per 100m1
and 50 micrograms per 100m1
respectively.
Clinical examination.
1. Clinical examination.
2. Blood lead levels
Cases of suspected lead poisoning.
Any abnormal respiratory sign.
Abnormal visual and/or clinical sign.
Pre-employment and annual.
Any abnormal dermatological or
respiratory sign.
Clinical examination.
Pre-employment and annual for workers aged more
than 35 years.
6.Stress electrocardiogram.
Pre-employment and annual.
Pre-employment to becarried out within 4 weeks of
starting employment in compressed air exceeding 1
bar. Thereafter not less than once in ever 12 months
5. Radiographic
examination for shoulder,
hip and knee joints.
Indication for redeployment and notification to the
Director
Clinical examination.
Examination interval
Medical examinations
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7.
Work involving risk to health
FIRST SCHEDULE (RULE 4)—(Contd.)
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11.
(c) Pre-employment, annual and a repeat
depending on blood lead level.
(d) Pre-employment, annual and a repeat
depending on urine lead level.
3. Haemoglobin level.
4. Urine lead level.
2. Urine manganese
(i) Cases of definite or suspected
manganese poisoning.
Cases with urine lead levels of
150micrograms litre in two successive
examinations within two weeks.
Cases of anaemia.
Indication for redeployment and notification to the
Director
(b) Pre-employment, annual and a repeat depending (ii) Cases with urine, manganese levels
of more than 5 0 micrograms per litre
on urine manganese level.
in two successive examinations within
two weeks.
(a) Pre-employment and annual.
Examination interval
Medical examinations
Work involving exposure to 1. Clinical examination.
manganese and its compounds.
Work involving risk to health
FIRST SCHEDULE (RULE 4)—(Contd.)
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Pre-employment and annual for both.
Pre-employment and annual.
(a) Pre-employment,periodic and a repeat
depending on results.
Work involving
1. Clinical examination.
exposure to nickel,
chromium, beryllium.
2. Lung function tests.
Work involving Audiometric examination.
exposure to noise.
Work involving exposure 1. Clinical examination.
to organophosphate
pesticides / carbamates/
other pesticides.
13.
14.
15.
(c)Pre-employment, annual and
a repeat depending on blood
mercury level.
(b)Pre-emploment annual and
a repeat depending on urine
mercury level.
2.Urine mercury.
3.Blood mercury.
(a)Pre-employment and annual.
1.Clinical examination.
Work involving
exposure to mercury and its
compounds.
Examination interval
12.
Work involving risk to Medical examinations
health
FIRST SCHEDULE (RULE 4)—(Contd.)
Occupational Safety and Health
(i) All cases of definite or suspected
poisoning and/ or excessive
absorption.
(ii)Cases with deterioration of hearing
loss of 20dB or more in two
successive examinations within
two weeks.
(i)Cases with definite or suspected
noise induced deafness.
No. 15
Abnormal skin and lung manifestations.
(ii) Cases with urine mercury levels of
more than 150 micrograms per litre
in two successive examinations
within two weeks.
(i) Cases of definite or suspected mercury
Poisoning.
Indication for redeployment and notification to the Director
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[Subsidiary]
Work involving
1.Clinical examination.
exposure to sisal, cotton,
baggasse and mouldy hay. 2.Lung function tests.
17
3.Lung function tests.
2.Full size chest x-ray.
1.Clinical examination.
Work involving exposure
to silica.
16.
3. Plasma cholinesterase
estimation
2. Red blood cell acetyl
cholinesterase estimation.
Work involving risk to Medical examinations
health
(iii) Cases with Red blood cell acetyl
cholinesterase of between 50% and 70%
of the pre-employment level showing a
fall of more than 10% in the repeat test
results.
(ii) Cases with Red blood cell acetyl
cholinesterase of less than 50% of the preemployment or laboratory normal level.
Indication for redeployment and notification to the Director
(iii)Cases with more than 20% decline in ventilators
capacity in two successive annual examinations.
Occupational Safety and Health
(ii) Cases with chronic bronchitis and
emphysema.
(i) Cases with grade two symptoms.
Cases with cardio-respiratory diseases.
Pre-employment and annual for Cases with definite evidence of Silicosis.
Pre-employment and annual for both
all.
(ii) following accidental skin
contact or in suspected acute
poisoning cases.
(c) (i) Pre-employment, periodic
and a repeat depending on
result;
(b) Pre- employment and repeat
depending on results.
Examination interval
FIRST SCHEDULE (RULE 4)—(Contd.)
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[Subsidiary]
Pre-employment and annual.
Work at adverse
temperatures.
Work involving exposure 1. Clinical examination.
to vinyl chloride monomer.
2. Liver function tests.
Pre-employment and annual for both.
Pre-employment and annual.
Work involving involving Clinical examination.
exposure to tar pitch,
bitumen and creosote.
(ii)Abnormal liver function tests on two
successive examinations.
(i) Cases of definite or suspected vinyl chloride
monomer poisoning.
Any significint abnormal dermatological or respiratory
sign.
Cases with pre-malignant lesions and definite or
suspected benign/malignant neoplasm of the skin or
lungs.
Indication for redeployment and notification to the Director
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Clinical examination.
Examination interval
Work involving risk to Medical examinations
health
FIRST SCHEDULE (RULE 4)—(Contd.)
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Rev. 2010]
Occupational Safety and Health
SECOND SCHEDULE RULE
No. 15
(6) (2)
181
[Subsidiary]
Summary Report Form
This form should be completed by the designated health practitioner and submitted to the director
within twenty one days and a copy sent to the employer.
Name of workplace:.........................................................................................................................
Workplace registration No. ...............................................................................................................
Location: ...........................................................................................................................................
Tel: ...................................................................................................................................................
Address: .............................................................................................................................................
Email: ...............................................................................................................................................
Type of risk to health:.......................................................................................................................
Number of workers exposed: ................................................................................................................
RESULTS OF EXAMINATIONS
Number of employees examined:............................................................................................................
Number of employees with abnormal results: ..................................................................................
(a)
Occupational diseases: .....................................................................................................
(b)
Non-occupational disease(s): ..........................................................................................
Number of employees recommended for re-deployment.......................................................................
I certify that the information given above is correct. Particulars of all workers abnormal results
including those recommended for redeplayment are attached.
Name of Designated Health Practitioner:.........................................................................................
Approved Registration No:................................................................................................................
Address:.............................................................................................................................................
Physical address of office:................................................................................................................
..........................................................................................................................................................
Tel. ......................................................Fax:....................................................................................
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[Subsidiary]
E-mail: ................................................................................................................
Signature: .........................................................................................................
Date: ................................................................................................................
THIRD SCHEDULE RULE (7)
Certificate of Re-Deployment
This form should be filled in triplicate by the designated health practitioner
and a copy sent within seven days to the employer, employee and the director.
1. Name of employee (as per identity card)......................................................
2. Employment number............................................................................................
3. ID/passport No. .............................................................................................
4. Date of birth Sex .............................................................................................
5. Name and Address of workplace ..................................................................
6. Type of risk to health present..................................................................................
7. Duration of exposure........................................................................................
I Certify that the above named person examined by me on this
.................................................day of .................................... should not continue
to work as a .........................................for .................................... months, subject
to a review on................................... this day of ........................................
In the meantime, the employee should be given alternative work in another area
which does not expose him/her to the above mentioned health risk. The reasons
for my recommendations are as follows:
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
Date: ............................................ Signature:.....................................................
Name of Designated health practitioner: ............................................................
Approved registration no. ..................................................................................
Address: ................................................................................................................
Physical address of office ............................... Tel .............................................
Fax .................................................E-mail..........................................................
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Occupational Safety and Health
No. 15
FOURTH SCHEDULE RULE (8)
CERTIFICATE OF FITNESS
This form should be filled by the designated health practitioner for all those
entering employment or returning from sick leave occasioned by an occupational
disease as applicable.
1.
Name of employee examined ............................................................
2.
ID/Passport No. ..................................................................................
3.
Employment No. ...............................................................................
4.
Date of Birth .................................. Sex .............................................
5.
Name and Address of employer ........................................................
6.
Examinations/Test done .....................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
I hereby certify I have examined the above employee on ....................... this
day of ........................... and that he/she is fit / not fit
Remarks: ............................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
...........................................................................................................................
Signature ....................................... Date .............................................................
Name and Address of Designated Health Practitioner .......................................
............................................................................................................................
Approved registration No. ....................................................................................
Address..............................................................................................................
............................................................................................................................
Physical Location of office..................................................................................
............................................................................................................................
Tel. .......................................................................................................................
Fax ......................................................................................................................
E-mail ..................................................................................................................
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[Rev. 2010
FIFTH SCHEDULE (R. 9)
NOTIFICATION FORM
This form shall be completed and forwarded to the director by a designated
health practitioner or any medical practitioner attending to or called in to
visit a patient whom he believes to be suffering from an occupational disease.
1.
Name of patient .........................................................................................
2.
ID/Passport No. ........................................................................................
3.
Employment No. ......................................................................................
4.
Date of Birth .......................................... sex ............................................
5.
Residential address ......................................................................................
6.
Name and Address of employer ................................................................
7.
Present occupation ......................................................................................
8.
Number of years worked in present occupation .....................................
9.
Diagnosis .................................................................................................
10.
If patient was previously seen by occupational Health Practitioner, state
date of last attendance ............................................................................
11. Name of designated health practitioner/ Medical practitioner.....................
12. Approved registration number where applicable .......................................
13. Name and address of Hospital/Clinic .........................................................
.............................................................................................................................
Tel. No.............................................. E-mail ...................................................
Fax......................................................................................................................
14. Medical practitioner’s reference. file No. for patient .................................
Signature .............................................. Date ...................................................
Rev. 2010]
Occupational Safety and Health
No. 15
THE FACTORIES AND OTHER PLACES OF WORK (NOISE
PREVENTION AND CONTROL) RULES, 2005
1. These rules shall be cited as Factories and Other -Places of Work
(Noise Prevention and Control) Rules, 2005.
2. In these rules except where the context otherwise requires—
185
[Subsidiary]
L.N. 25/2005.
Citation.
Interpretation.
“A-weighted filter” means an electronic circuit whose sensitivity to sound
pressure levels varies in the same way as the human ear;
“daily exposure” means the amount of noise stated in dB(A) to which a
person is exposed during work day;
“dB(A)” means decibels of noise, measured with an A-weighted filter,
“director” means the Director of Occupational Safety and Health
Services;
“directorate” means the directorate of occupational health and safety
services;
“machinery” includes machines tools and other technical devices used
at the place of work;
“noise” means all sound energy which can result in hearing impairment
or be harmful to health or otherwise dangerous;
“peak sound level” means the maximum instantaneous sound level in
dB(A);
“worker” includes a person who has entered into or works under a contract
of service or apprenticeship, written or oral, express or implied, whether by
way of manual labour or otherwise;
“workplace” includes any land, premises, location, vessel or thing at, in,
upon or near which a worker performs his duty in accordance with his contract
of employment.
3. (1) These rules shall apply to every factory, premises, place, process Application.
and operations to which the provisions of the Act apply.
(2) Every occupier shall comply with these Rules and every agent, worker
and any other person in the workplace shall conduct his work in accordance
with these Rules
4. (1) No worker shall be exposed to a noise level in excess of—
(a)the continuous equivalent of ninety dB (A) in eight hours within
any twenty four hours duration; and
Permissible noise
level.
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(b)one hundred and forty dB (A) peak sound level at any given time.
(3)Where noise is intermittent, noise exposure shall not exceed the sum
of the partial noise exposure equivalent continuous sound level of ninety dB
(A) in eight hour duration within any twenty four hours duration.
(4)(a) It shall be the duty of the occupier to ensure that noise that gets
transmitted outside the workplace shall not exceed fifty five dB (A)
during the day and forty five dB (A) during the night; and
(b) any person who does not comply with this provision shall commit
an offence.
Noise prevention
programme.
5. (1) Where noise in a workplace exceeds the continuous equivalent of
eighty five dB (A) the occupier must develop and implement an effective noise
control and hearing conservation programme.
(2) The programme must be in writing and should address—
(a) noise measurement;
(b) education and training;
(c) engineering noise control;
(d) hearing protection,
(e) posting of notices in noisy areas;
(f) hearing tests; and
(g) annual programme review.
(3) The occupier shall maintain in a manner acceptable to the director a
record of the hearing tests for each worker which must be—
(a)kept as long as the worker is employed by the employer and not
less than two years; and
(b)treated as confidential and not released to anyone without the written
permission of the worker.
Noise measurements
and records.
6. (1) (i) It shall be the duty of the occupier to carry out measurements
of noise at least once in every period of twelve months in order to determine
the prevailing noise conditions.
(ii) whenever any facility, equipment, working process or working method has been changed, noise measurements shall be
carried out.
(2) Noise exposure measurement results shall be recorded and specify—
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(a)the date and time of the noise measurement;
(b)the names and numbers of workers exposed;
(c)types of occupations evaluated;
(d)measuring conditions;
(e)measuring method;
(f)measuring equipment;
(h) recommended remedial measures taken; and
(g)name of person taking the measurements.
(3) The results of the measurements carried out as required under
paragraph (2) shall be kept by the occupier for a period of two years or such
other period as may be prescribed by the director and shall be communicated
to the workers if requested.
(4) The director may issue guidelines on how monitoring of noise shall
be carried out.
7. (1) The occupier shall inform in writing all the workers in any process Information and
where noise level is below ninety dB(A) on:—
training of workers.
(a)the results of any noise exposure measurements;
(b)the significance of those results to the risk of hearing loss; and
(c)at the request of the worker, the purpose of hearing protection and
testing.
(2) The occupier shall inform in writing all workers exposed to noise
above ninety dB(A) on the—
(a) results of any noise exposure measurements;
(b) effects of noise on hearing;
(c) proper use and maintenance of hearing protection; and
(d) purpose of hearing test.
(3) The occupier shall ensure that all workers exposed to noise are fully
trained on the hazards involved, and instructed in the measures available for
the prevention, control and protection against noise exposure.
8. It shall be the responsibility of the occupier to ensure that all noise Equipment.
measuring equipment are regularly calibrated, maintained, inspected and
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[Subsidiary]
operated according to manufacturer’s instructions.
Engineering
controls.
9. Every occupier shall—
(a) take suitable engineering noise reduction measures at the source
of the noise to reduce it and limit its spreading;
(b)adopt methods of work, which shall reduce noise exposure of
workers to the recommended noise levels; and
(c)as far as practicable, walls and ceilings of workplaces shall be lined
with suitable sound absorbing material to prevent reflection of noise.
Istallation and
maintenance of
machinery or plant.
10. (1) Machinery or plant in the workplace shall be installed in such a
way that the lowest possible noise is emitted when the machine is in operation.
(2)It shall be the duty of the occupier to carry out regular inspection
and maintenance of machines and installations to ensure that noise emission
is prevented or controlled.
(3)Where noise levels exceed ninety dB (A), the process or machinery
shall be segregated or be enclosed by suitable structures capable of suppressing
noise.
(4)Where it is not practicable to segregate or enclose noisy machinery or
process as required rule (3), there shall be provided a suitable sound reducing
enclosure or cabin for use by employees exposed.
Means of
communication.
11. The occupier shall install, where noise gives rise to difficulties in
verbal or sound communication, a visual warning system or any other means
of communication.
Hearing protection.
12. Where noise cannot be controlled by engineering measures and
exceeds ninety dB(A), the employer shall—
(a)provide and maintain suitable hearing protection to the affected
workers; and
(b)ensure that the hearing protection is always worn correctly.
Noise hazard areas.
13. Where the noise level is above ninety dB(A), the employer shall—
(a)post a sign at the entrance to and in every room or conspicuous
place, clearly and prominently marked “DANGER, HEARING
PROTECTION MUST BE WORN” in English, Kiswahili and one
local language commonly used where the workplace is situated;
(b)supply hearing protection to all persons required to enter such an
area; and
(c)ensure that all workers and any other person entering this area wear
hearing protection.
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14. All workers shall wear hearing protection in all places designated Workers
as noise hazard areas, and in accordance with instructions provided by the responsibility in
employer.
noise hazard area.
15. (1) It shall be the duty of the occupier to ensure that the machines Duties of occupier.
installed in the workplace are appropriately designed or have built-in noise
reduction devices, which ensure the lowest possible emission and in any case
not exceeding ninety dB (A).
(2) The occupier shall request the supplier of the machine referred to in
paragraph (1) to provide information on the noise characteristics of the machine.
16. (1) The occupier shall provide medical examinations and heating Medical examination
tests tor workers exposed to noise above eighty five dB(A) limit as follows:— and hearing tests.
(a)an initial test upon employment;
(b)annual tests thereafter or at such an interval as may be required
by the director.
(2)Every occupier who provides medical examination and hearing tests
for his workers shall within twenty days submit reports in such form as may
be prescribed by the director.
(3)Where medical examination reveals that a worker is unfit to continue
with assignments involving exposure to noise the employer shall find an
alternative employment.
(4)A worker transferred to alternative employment in compliance with
paragraph (3) shall not suffer loss of remuneration or any other benefit due to
him.
17. (1) Every medical practitioner shall give to the director, after
diagnosing occupational hearing impairment, a full report including the name
of the patient, the name of factory or workplace in which the employee was
last employed.
Compensation
and notification of
occupational hearing
impairment.
(2)Occupational hearing impairment shall be compensated as an
occupational disease.
18. (1) The occupier shall review the noise control and hearing Programme review.
conservation programme annually to ensure its effectiveness.
(2) The review must address—
(a)the adequacy of noise control measures;
(b)the selection and use of hearing protection; and
(c)hearing test, and information on the rate and extent of occupational
hearing impairment.
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Offences and
penalties.
Revocation.
L.N. 59/2007.
Citation.
Interpretation.
19. Where any offence is committed under these rules, the provisions
of Part XI of the Principle Act as to offences, penalties (including the amounts
thereof) and the proceedings shall apply, mutatis mutandis, as if they were set
out there in.
20. The Noise Rules L.N. 296 of 1996 is revoked.
THE FACTORIES AND OTHER PLACES OF WORK
(FIRE RISK REDUCTION) RULES, 2007
1. These Rules may be cited as the Factories and Other Places of Work
(Fire Risk Reduction) Rules 2007.
2. In these Rules unless the context otherwise requires—
“Class A fire” means a fire involving ordinary combustible material such
as paper, wood cloth, rubber or plastic material;
“Class B fire” means a fire involving flammable or combustible liquid,
flammable gases, greases or similar material, rubber or plastic material;
“Class C fire” means a fire involving energized electrical equipment
where safety to the worker requires the use of electrically non conductive
extinguishing media;
“Class D fire” means a fire involving combustible metal such as
magnesium, zirconium, sodium, lithium or potassium;
“competent person” in relation to a duty or function, means a person
who has had adequate training, relevant qualifications and experience to enable
him to perform that duty or function;
“designated area” means an area designated or zoned by Local Authority
for use;
“Director” means the Director of Occupational health and Safety
Services;
“emergency exit” means a window, door or other exit affording means
of escape or giving access to other than the means of exit in ordinary use, in
case of a fire;
“fire audit” includes fire risk assessment and fire risk management
“fire detection” includes any action to check or sense fire by use of an
instrument or by human action;
“fire drill” means an exercise carried out to prepare people on precautions
to be taken in event of a real fire breaking out;
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“fire extinguishers” means a portable container of pressurized or gas
cartridge propelled extinguishers that can be discharged in a jet or spray to put
out the fire;
“fire fighting” means the process of extinguishing fire;
“fire-fighting team” means a team appointed in accordance with Rule 20;
“fire-hose” means a high pressure tube attached to either a fire engine
or a fire hydrant, used for extinguishing a fire;
“fire safety auditor” means a competent person authorized by the Director
in writing to undertake a fire safety audit in accordance with these Rules;
“flammable” means the capability of a substance to be set on fire or
support combustion easily;
“hazard area” means any area associated with any biological, chemical
or physical risk to a worker, consumer or other individual or environment.
“highly flammable substance” means a liquid, liquid solution, emulsion,
suspension or gas that gives of a flammable vapour at a temperature of less
than 32ºC;
“risk assessment” means a systematic examination conducted to
determine and evaluate the degree of risk involved in terms of severity, frequency
and cost of the potential claim in the case of fire;
“risk management” means measures undertaken or put in place to control
a risk.
3. These rules shall apply to every workplace, process and operations to
which the provisions of the Act apply.
4. A person wishing to set up or operate a facility for the use on or
storage of highly flammable substance shall ensure that such facility is located
in the designated area.
Application.
Location of large
Installations for
highly flammable
substances.
5. (1) Every owner and occupier of a workplace shall ensure that every Construction
workroom where flammable substances are used, manufactured or manipulated, material.
is constructed with fire resistant material. (2) Fire resistant material shall include—
(a) concrete block, brick work or stone of not less than 115mm
thickness;
(b) concrete slab of not less than 76mm thickness;
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[Subsidiary]
Storage of highly
flammable
substances.
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(c) iron or steel of not less than 16 Imperial Standard Gauge;
(d) glass of not less that 64mm thickness in the center of which a wire
mesh shall be embedded on;
(e) teak or oak or other wood for doors of not less than 45mm
thickness; and
(f) any other material as the Director may approve.
(3) A person who contravenes the provisions of this Rule commits an
offence.
6. (1) Every occupier shall ensure that highly flammable substances
are stored—
(a) in suitable fixed storage tanks in safe positions, or
(b) in suitable closed vessels kept in a safe positions in the open air,
and where necessary, protected against direct sunlight; or
(c) in a suitable closed vessel kept in a storeroom which is either in a
safe position or in a fire resisting structure; or
(d) in the case of a workroom where the aggregate quantity of highly
flammable substances does not exceed 50 litres, in suitable closed
vessels kept in a suitably placed cupboard or bin which is a fire
resisting structure.
Provided that no such store shall be so situated as to endanger
the means of escape from a work place or any part thereof in the
event of a fire occurring in the store.
(2) Nothing in this Rule shall apply to—
(a) highly flammable substances in the fuel tanks of vehicles or engines
for the purpose of operating the vehicle or engines; or
(b) any suitable, small closed vessel containing not more than 500c.c.
of flammable substances.
(3) Where the highly flammable substance is stored in a storeroom, every
occupier shall ensure that a gap of at least 80 cm is maintained from the nearest
fixed wall, ceiling or roof of such room.
(4) Every occupier shall ensure that any highly flammable substance
capable of reacting and producing heat when mixed is identified and kept in
separate storerooms or compartments.
(5) Every occupier shall ensure that any highly flammable substance
that is self-combustible, is kept in separate stores away from other substances
or material.
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[Subsidiary]
(6) A person who contravenes the provisions of this Rule commits an
offence.
7. (1) Every occupier shall ensure that every store room, cupboard, bin,
tank or container used for storing highly flammable substances is clearly and
boldly marked ‘Highly Flammable’ in English or Kiswahili or otherwise with
an appropriate indication of flammability.
(2) Where it is impracticable to mark any storeroom, cupboard, bin,
tank or container, the words ‘Highly Flammable’ in English or Kiswahili shall
be clearly and boldly displayed as near to it as possible.
(3) Every occupier shall ensure that every container holding the highly
flammable substance is labelled with the contents of the container and the type
of fire extinguisher to be used in the event of a fire.
(4) In labelling a container, every occupier shall refer to the material
safely data sheet.
(5) Nothing in this Rule shall apply to—
(a) any fuel tanks of vehicles or engines which contain highly
flammable substances for the purpose of operating the vehicle or
engines; or
(b) any suitable small closed vessel containing not more than 500 cc
of highly flammable substance.
(6) A person who contravenes the provisions of this Rule commits an
offence.
8. (1) Every occupier shall ensure that the quantity of any highly
flammable substance present at any one time in a workplace, shall be as small
as is reasonably practical, having regard to the processes or operations being
carried on. (2) Every occupier shall ensure that where highly flammable substances
are to be conveyed within a workplace, the substances shall be conveyed
through a totally enclosed system incorporating pipelines and pumps of similar
appliances, but where conveyance of the substances within a work place through
a totally enclosed system is not reasonably practical, the substance shall be
conveyed in vessels that are so designed and constructed as to avoid spilling
of the substance.
(3) Every occupier shall ensure that where in the process or operation,
any highly flammable substance liable to be spilled or leaked all reasonable
practical steps have been taken to ensure that the substance is contained or
immediately drained off to a suitable container or to a safe place or otherwise
treated to make it safe.
(4) A person who contravenes the provisions of this Rule commits an
Marking and labeling
Handling of
flammable
substances. 194
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[Subsidiary]
Flammable vapours.
Monitoring
of flammable
substances. Ventilation.
Hot processes or
operations.
House keeping.
offence.
9. (1) Every occupier shall ensure that no means likely to ignite
vapour from any highly flammable substances, are present where a dangerous
concentration of vapour from flammable substances may reasonably be expected
to be present.
(2) Every occupier shall ensure that where in any work place, a dangerous
concentration of vapour from highly flammable substances may reasonably be
expected to be present, any cotton or other textile waste or other material in
that place—
(a) which has been used in such a manner as to render the cotton waste
or other material liable to spontaneous combustion; or
(b) which is contaminated with any highly flammable substance, shall
be deposited without delay in a metal container with a suitable cover
or be removed without delay to a safe place, and separate selfclosing receptacles shall be provided in workrooms for oil-soaked
waste, rags or other material, subject to spontaneous combustion.
(3) A person who contravenes the provisions of this Rule commits an
offence.
10. (1) Every occupier shall continuously monitor the work place with
a view to making an assessment of any possible fire risks and mitigate against
them.
(2) A person who contravenes the provisions of this Rule commits an
offence.
11. (1) Every occupier shall provide in every workroom, facilities for
free flow of fresh air, including windows, doors, vents, louvers or any other
suitable ventilation facility to ensure that flammable fumes, vapour, gases or
dust do not accumulate in the workroom.
(2) In the case of an enclosed room, every occupier shall ensure that local
exhaust ventilation systems or mechanical ventilation facilities are provided.
(3) A person who contravenes the provisions of this Rule commits an
offence.
12. (1) Every occupier shall ensure that all necessary steps are taken
to remove flammable gases or vapours in a workplace or render the gases
or vapours non-flammable where the operations or processes involve the
application of heat.
(2) A person who contravenes the provisions of this Rule commits an
offence.
13. (1) Every occupier shall ensure that a workplace is kept in a clean
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[Subsidiary]
state and that—
(a) dirt and refuse shall be removed at least once a day;
(b) the dirt and refuse removed are kept in a receptable;
(c) every store shall have a marked gangway of at least one metre wide
for the movement of persons; and
(d) where mobile equipment for transportation of material is in a
store, a marked gangway shall be provided to accommodate the
size of the equipment and for the use of persons working therein.
(2) A person who contravenes the provisions of this Rule commits an
offence.
14. (1) Every occupier shall ensure that finished products, by-products
and any waste products are removed immediately they are produced so as to
avoid accumulation of products or waste products.
(2) A person who contravenes the provisions of this Rule commits an
offence.
15. (1) Every occupier shall ensure that a distance of at least one metre
between any two machines or from any machine and a fixed structure is provided,
so as to ensure easy movement and access of persons.
(2) A person who contravenes the provisions of this Rule commits an
offence.
16. (1) Every occupier shall ensure that all electrical machines, equipment
and hand tools in a workplace are properly earthed or double insulated.
(2) Every occupier shall ensure that all electrical motors, fittings,
attachments and switches shall be spark proof in workplaces where flammable
liquids, vapours, dusts and gases are likely to be present.
(3) Every occupier shall ensure that all electrical equipment and the
related attachments are inspected in every period of six months by a competent
person and a record of the inspection kept.
(4) Every occupier shall take adequate measures to ensure that
electrostatic charges do not build up where flammable substances are present.
(5) A person who contravenes the provisions of this Rule commits an
offence.
17. (1) Every occupier shall ensure that every work room is fitted with
an emergency exit of at least 90 cm wide, situated as far away as possible from
the ordinary exit, and located in a manner that the exit will not lead any person
to a trap in the work place in the event of a fire breaking out.
Removal of products
and waste.
Machinery layout.
Electrical equipment
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[Subsidiary]
Control of spread of
smoke.
Means of evacuation.
Formation of fire
fighting teams.
(2) Every occupier shall ensure that an external staircase or ramp
affording a means of escape in case of a fire is adequately aerated, well lit and of
at least one metre width, provided that a spiral staircase shall not be considered
as a suitable emergency exit.
(3) Every occupier shall ensure that the fire exit door, gangway and exit
staircases are free of obstruction.
(4) Every occupier shall ensure that every emergency exit is distinctively
and conspicuously marked in green letters of at least 15 cm in height.
(5) Every occupier shall ensure that every emergency exit route is
clearly marked in writing or by signs indicating the direction of exit and that
a drawing or map showing evacuation routes shall be posted in prominent
positions in the work place.
(6) A person who contravenes the provisions of this Rule commits an
offence.
18. (1) Every occupier shall ensure that any door of any store where
flammable substances are stored are constructed in a manner that the door shall
be self closing, opening outwards or sliding and capable of containing smoke
from within the work room, in event of a fire.
(2) A person who contravenes the provisions of this Rule commits an
offence.
19. (1) Where a work place is a storeyed building, every occupier
shall ensure that a work place is constructed in such a manner as to enable
workers have access to other suitable outlet or exit for evacuation other than
the emergency exits.
(2) A person who contravenes the provisions of this Rule commits an
offence.
20. (1) Every occupier shall establish a fire fighting team that shall
consist of—
(a) at least two persons, where the number of workers is not more
than ten;
(b) at least three persons, where the number of workers is between
eleven and twenty five;
(c) at least five persons, where the number of workers is more than
twenty five.
(2) A person who contravenes the provisions of this Rule commits an
offence.
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[Subsidiary]
21. (1) Every occupier shall ensure that all workers are instructed in the Training in fire
safe use of fire fighting appliances.
safety.
(2) The Minister may, on the advice of the Director, prescribe a basic
training course on fire safety to be undertaken by every member of the fire
fighting team.
(3) The Minister may, on the advice of the Director, publish once every
year, in the Gazette, a list of approved institutions for the training of the fire
fighting team.
(4) Every occupier shall ensure that every member of the fire fighting
team undertakes the basic fire safety training course within three months from
the date of appointment into the fire fighting team.
(5) Every occupier shall cause every member of the fire fighting team to
undergo a fire fighting refresher course at least once in every two years.
22. A fire fighting team shall carry out the following functions—
(a) ensure that all fire fighting appliances, fire detection systems,
fire alarm and any other facility for fire safety are in place and are
regularly serviced;
(b) conduct fire drills at the workplace;
(c) investigate fire incidences at the workplace and recommend
corrective measures;
(d) regularly inspect the workplace for purposes of identifying potential
fire risks and recommend remedial measures;
(e) train other workers in the safe use of fire fighting appliances;
(f) co-ordinate the evacuation of other workers in the event of a fire; and
(g) undertake any other functions as may be directed by the occupier.
23. (1) Every occupier shall ensure that fire drills are conducted at least
once in every period of twelve months and a record of such drills kept available
for inspection.
(2) A person who contravenes the provisions of this Rule commits an
offence.
24. (1) Every occupier shall identify a location in the workplace where
every worker shall assemble in the event of a fire.
(2) A person who contravenes the provisions of this Rule commits an
offence.
Functions of fire
fighting team.
Fire drills.
Assembly point.
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Means of
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Notices. Fire detection
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25. (1) Every occupier shall make necessary arrangements to provide first
aid to any person injured in a fire and in addition, arrange for the transportation
of the injured person to the nearest health facility.
(2) A person who contravenes the provisions of this Rule commits an
offence.
26. (1) Every occupier shall provide suitable means of alerting persons
in the workplace, in the event of a fire, and such means shall be made known
to all workers.
(2) A person who contravenes the provisions of this Rule commits an
offence.
27. (1) No person shall smoke, light or carry matches, lighters or other
flame producing articles or smoking materials, in any place where highly
flammable or highly combustible substances are manufactured, used, handled
or stored.
(2) A person who contravenes the provisions of this Rule commits an
offence.
(3) Every occupier shall take all practicable steps to ensure compliance
with the provisions of subsection (1) including such steps as—
(a) displaying at or as near as possible to every work place, a clear and
bold notice indicating that smoking is prohibited in that place; and
(b) except in places where smoking is permitted, displaying throughout
the work place at every entrance of the workplace, a clear and bold
notice indicating that smoking is prohibited.
(4) A person who contravenes the provisions of this Rule commits an
offence.
28. (1) Every occupier shall provide and maintain fire detection
appliances.
(2) Every occupier shall ensure that fire detection appliances are located
in the appropriate places for immediate activation of an alarm or automatic fire
extinguishing systems.
(3) Every occupier shall ensure that—
(a) fire detection appliances are connected to audible and visual
flashing devices to provide a warning to the workers for emergency
response; and
(b) fire detection appliances are regularly maintained and that they are
inspected at least once every twelve months by a competent person.
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[Subsidiary]
(4) A person who contravenes the provisions of this Rule commits an
offence.
29. (1) Every occupier shall provide means of extinguishing fire at the
workplace.
(2) Every occupier shall ensure that the position of the means in
subsection (1) shall be distinctively and conspicuously marked.
(3) Every occupier shall ensure that any portable fire extinguisher is
mounted at an easily accessible height of not less than 60 centimetres from
the floor.
(4) Where fire hose reels are provided, every occupier shall ensure that
there is at least one fire hose reel within a radius of 30 metres.
(5) A person who contravenes the provisions of this Rule commits an
offence.
30. (1) Every occupier shall ensure that all means of extinguishing fire
are properly maintained.
(2) The occupier shall—
(a) Cause inspection and testing of all fire fighting appliances in the
work place to be carried out by a competent person at least once
every twelve months;
(b) Keep a record indicating the date of inspection and tests including
the name of persons carrying out the inspection and test; and
(c) Ensure that all cylinders for fire fighting appliances are examined
and tested at least once every five years and such tests shall include
hydraulic pressure test.
(3) Every occupier shall ensure that any portable fire extinguisher is
examined and tested whenever there is—
(a) evidence of corrosion or mechanical damage;
(b) repairs on a cylinder by soldering, welding, brazing or use of
patching compounds;
(c) change of cylinder or shell threads; or
(d) corrosion that has caused pitting or corrosion under removable
name plate assemblies.
31. (1) Every occupier shall ensure that, in selecting and distributing fire
extinguishers in the workplace , the distribution and selection is based on the
classes of fire anticipated and the size and degree of hazard caused by a fire.
Fire fighting
appliances.
Maintenance,
inspection and testing
of cylinders.
Selection and
distribution of fire
extinguishers.
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pipes.
Water storage.
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[Rev. 2010
(2) Where a fire extinguisher is for the use of extinguishing class A
fires, every occupier shall ensure that the fire extinguisher is located as near as
possible and not more than 10 metres from the hazard area.
(3) Where a fire extinguisher is for the use of extinguishing class B fires,
every occupier shall ensure that the extinguisher is located as near as possible
and not more than 5 metres from the hazard area.
(4) Where a fire extinguisher is for the use of extinguishing class C
fires, every occupier shall ensure that the extinguisher is located as near as
possible to all electrically energized equipment and not more than 10 metres
from the hazard area.
(5) Where a fire extinguisher is for the use of extinguishing class D fires,
every occupier shall ensure that the extinguisher is located as near as possible
and not more than 10 metres from the hazard area.
(6) A person who contravenes the provisions of this Rule commits an
offence.
32. (1) Every occupier shall ensure that all pipes conveying various
substances shall be colour-coded for the purpose of identification.
(2) Every occupier shall ensure that pipes carrying water for fire fighting
shall be painted in red.
(3) Every occupier shall ensure that fire fighting appliances are coded
in the following manner—
Extinguishing agent
Extinguisher body colour
Water
Red
Foam
Cream
Powder (all types)
Blue
Carbon dioxide
Black
(4) A person who contravenes the provisions of this Rule commits an
offence.
33. (1) Every occupier shall ensure that—
(a) the work place has access to water and water storage facility capable
of storing at least 10,000 litres of water;
(b) the water storage facility is kept full at all times, for use in event
of fire;
(c) the water pressure in the fire fighting system is capable of raising
water to the highest point of the workplace in the event of a fire;
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[Subsidiary]
(d) where hose reels are used, and the storage water reservoir is at
ground level or underground, an isolated water pump shall be
provided.
(2) A person who contravenes the provisions of this Rule commits an
offence.
34. (1) Every occupier shall establish and implement a written fire safety
policy, outlining the organization and arrangements for carrying out the policy.
(2) Every occupier shall ensure that all workers are informed on the
contents of the policy which shall include—
(a) evacuation procedures;
(b) provision for maintenance and inspection of fire fighting appliances
and fire detection systems;
(c) training of workers on fire extinguishing techniques;
(d) assignment of responsibility to individual persons within the
organization for fire prevention and control;
(e) planning and organization of fire drills; and
(f) Identification of assembly points.
(3) A person who contravenes the provisions of this Rule commits an
offence.
35. (1) Every occupier shall notify any fire occurring in the workplace
to the nearest occupational safety and heath area office within 24 hours of its
occurrence and send a written report in the prescribed form within 7 days to
the director.
(2) A person who contravenes the provisions of this Rule commits an
offence.
36. (1) Every occupier shall cause a fire safety audit of the work place
to be taken at least once every twelve months by an approved fire safety auditor.
(2) The cost in connection with such audits shall be paid by the occupier.
(3)The occupier shall keep the report of the fire safety audit for the
purposes of these rules and the fire safety auditor shall submit a copy of the
same to the Director within fourteen days from the date of the audit.
(4) A person who contravenes the provisions of this Rule commits an
offence.
Fire safety policy.
Notification of fire
occurrence.
Fire safety audit.
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Approval of fire
safety auditors.
Duties of fire safety
auditors.
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Occupational Safety and Health
[Rev. 2010
37. (1) The Director may invite applications by competent persons for
approval to serve as fire safety auditors.
(2) The Director shall consider all applications received and approve
suitable persons to serve as fire safety auditors for the purpose of these Rules.
(3) The Director may develop written criteria for approval of fire safety
auditors.
(4) The Minister may, on the advice of the Director, by a notice in the
Gazette notify appointment made under paragraph (2) and maintain a register
of all persons appointed there under.
(5) Every fire safety auditor shall be issued with a certificate by the
Director, upon payment of the prescribed fee.
(6) The certificate issued under paragraph 5 shall be renewable annually.
38. The fire safety auditor shall—
(a) carry out a fire safety audit of the workplace at the request of the
occupier.
(b) advise the occupier and the members of the safety and health
committees on fire matters arising from the audit report.
Offences.
(c) submit a copy of the audit report to the Director within 14 days
from the date of the audit.
39. An occupier or owner who contravenes any of the provisions of these
Rules commits an offence and is liable, on conviction to penalties provided
under the Act.
L.N. 60/2007.
THE FACTORIES AND OTHER PLACES OF WORK (HAZARDOUS
SUBSTANCES) RULES, 2007
Citation.
1. These rules may be cited as the factories and other places of work
(Hazardous Substances) rules, 2007.
Interpretation.
2. In these rules, except where the context otherwise requires—
“air quality monitor” means any competent person who is authorized by
the director, by a certificate in writing, to carry out monitoring and measurements
of the substances in the air.
“biological monitoring” means a technique for measuring the presence of
a chemical or its metabolites in tissues or excreta or for measuring pathological
effects of toxin on the person;
“competent person” in relation to any duty or function, means a person
Rev. 2010]
Occupational Safety and Health
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who has adequate training, relevant qualifications and experience to enable him
to perform that duty or function;
203
[Subsidiary]
“designated sites “means a site designated or zoned by Local Authority
for use of that purpose;
“Director” means the Director of Occupational Safety and Health
Services;
or occupier.
“employer” includes owner and / or occupier;
“Engineering Controls Examiner” means any competent person who is
authorized by the Director in writing, to carry out thorough examination and
test of engineering control measures for the purposes of these rules;
“guidelines” means the guidelines describing the methodology for
implementation of health and safety under these Rules ;
“harmful substance” means any substance whether liquid, solid or gaseous
which is hazardous or potentially hazardous to human or the environment and
includes objectionable odours, radio-activity, noise and temperature;
“hazardous substances” means any chemical, waste, gas, medicine, drug,
plant, animal or microorganism which are likely to be injurious to human health
or the environment;
“measurement” means periodic evaluation of workplaces and
organizational management systems in a factory or workplace for prevention
of accidents, occupational diseases, ill-health or damage to property;
“ occupational exposure limit” (OEL) means the levels of exposure or
discharge or emissions as set out in Schedule 1 to these Rules;
“worker” includes a person who has entered into or works under a contract
of service or apprenticeship, written or oral, express or implied, whether by
way of manual labour or otherwise;
“workplace” includes any land, premises, location, vessel or thing at, in,
upon or near where an employee is, in the course of employment;
“substance” includes any solid, liquid, vapour, gas or aerosol, or
combination thereof;
3. These Rules shall apply to—
(1) Every factory, premises, places, process, operation, or work to which
the provisions of the Factories and Other Places of Work Act apply.
(2)Every employer, occupier or owner, agent, self-employed person or
Application.
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[Subsidiary]
employee.
Shared
responsibilities
by employers.
Exposure limits.
4. Whenever two or more employers, self-employed persons or their
agents undertake activities simultaneously at one workplace, they shall have
the duty to collaborate in order to comply with the prescribed measures without
prejudice to the responsibility of each employer for the health and safety of
his employees.
5. (1). Every employer shall ensure that exposure of hazardous substance
does not exceed the exposure limits set out in schedule 1 to these Rules.
(2) A person who contravenes this Rule commits an offence.
(3) Where the exposure limit of a hazardous substance is not provided
for in Schedule 1 to these Rules, it shall be the responsibility of a supplier or
manufacturer of such substance to provide a provisional exposure limit.
(4) When two or more hazardous substances are present simultaneously
in the working atmosphere and their combined effects have to be considered,
Schedule 2 to these Rules shall apply.
(5) The Government Chemist or any other laboratory approved by the
director shall carry sample analysis of hazardous substances and biological
samples to determine exposure levels and biological exposure indices
respectively.
Amendment
of Schedules.
6. The Minister may, on the advice of the Director, by notice in the
Gazette, amend the Schedules to—
(a) vary the exposure limit;
(b) prohibit the use of a hazardous substance that may contaminate
the working environment;
(c) specify particular measures of prevention or protection from the
effects of a hazardous substance; or
(d) prescribe any other exposure limit of a hazardous substance.
Control measures.
7. (1) It shall be the duty of every employer to prevent his employees
form being exposed to hazardous substance.
(2) Where it is not reasonably practical to prevent the exposure, it shall
be the duty of every employer to control the exposure of employees from
hazardous substances by—
(a) limiting the amount of hazardous substances used which may
contaminate the working environment;
(b) limiting the number of employees who will be exposed or may
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205
[Subsidiary]
be exposed;
(c) using a substitute for the hazardous substance;
(d) limiting the period during which an employee will be exposed
or may be exposed;
(e) introducing engineering control measures for the control of
exposure, which may include the following:
(i) process separation, automation or enclosure;
(ii) installation of local extraction ventilation systems to processes,
equipment and tools for the control of emission of an air borne
hazardous substances;
(iii) use of wet methods;
(iv) separate workplaces for different processes;
(f) introducing appropriate work procedures which an employee must
follow where materials are used or processes are carried out which
could give rise to exposure of an employee and that procedures
shall include written instructions to ensure:
(i) that a hazardous substance is safely handled, used and disposed of;
(ii) that process machinery, installations, equipment, tools and
local extraction and general ventilation systems are safely
used and maintained;
(iii) that machinery and workplaces are kept clean; and
(iv) that early procedures are in place for corrective action.
(3) A person who contravenes this Rule commits an offence.
8. (1). Where it is not reasonably practical to ensure that the exposure
of an employee is adequately controlled as contemplated in Rules 7, the
employer shall—
(a)in the case of an air bone hazardous substances, provide the
employee with suitable respiratory protective equipment and
protective clothing; and
(b)in case of hazardous substances which can be absorbed through the
skin, provide the employee with suitable impermeable protective
equipment.
(2) Where respiratory protective equipment is provided, the employer
Personal protective
equipment.
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shall ensure—
(a)that the relevant equipment is capable of controlling the exposure
to below the occupational exposure limit for the relevant hazardous
substances
(b)that the relevant equipment is correctly selected and properly used;
(c)that information, instructions, training and supervision which is
necessary with regard to the use of the equipment is known to the
employees; and
(d)that the equipment is kept in good condition and efficient working
order.
(3) Every employer shall—
(a)issue unused personal protective equipment to an employee, unless
the relevant protective equipment is decontaminated and sterilized;
(b)provide separate containers or storage facility for personal protective
equipment ; and
(c) ensure that all personal protective equipment not in use is stored
only in the place provided.
(4)Every employer shall ensure that all contaminated personal
protective equipment is cleaned and handled in accordance with the following
procedures—
(a)where the equipment is cleaned on the premises of the employer,
care shall be taken to prevent contamination during handling,
transportation and cleaning;
(b)where the equipment is sent out the premises to a contractor for
cleaning purposes—
(i) the equipment shall be packed in impermeable containers;
(ii) the containers shall be tightly sealed and have clear indication
thereon that the contents thereof are contaminated; and
(iii)the relevant contractor shall be fully informed of the requirements of these rules and the precautions to be taken for the
handling of the contaminated equipment.
(5) Subject to the provisions of sub rule 4 ( b), an employer shall ensure
that no person removes dirty or contaminated personal protective equipment
from the premises; Provided that where contaminated personal protective
equipment has to be disposed of, it shall be treated as waste .
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Occupational Safety and Health
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[Subsidiary]
(6) Every employer shall, provide employees using personal protective
equipment with—
(a) adequate washing facilities which are readily accessible and located
in a an area where the facilities will not become contaminated,
in order to enable the employees to meet a standard of hygiene
consistent with the adequate control of exposure, and to avoid the
spread of hazardous substances
(b) two separate lockers separately labeled “Protective clothing” and
“Personal clothing”, and ensure that the clothing is kept separately
in the appropriate locker ; and
(c) separate “clean” and “dirty” changing rooms if the employer uses
or processes hazardous substances to the extent that the hazardous
substances could endanger the health of employees.
(7) A person who contravenes this Rule commits an offence.
9. Every employer shall ensure:
(1) That all control equipment and facilities provided are maintained in
good working order; and
Maintenance and
testing of engineering
controls.
(2) That thorough examinations and tests of engineering control measures
are carried out at intervals not exceeding 24 months by an engineering controls
examiner and a report issued.
(3) A person who contravenes this Rule commits an offence.
10. An engineering controls examiner shall submit a signed report to the Submission of
Director within thirty days following such examination and test.
report.
11.(1) Every employer shall ensure that any processes involving
a significant risk of exposure to carcinogenic, radioactive, mutagenic or
teratogenic substances shall be performed within an enclosed system so as to
prevent any exposure of the workers to the substance.
Protection against
radioactive and
carcinogenic
substances.
(2) Where any of the processes may involve use of carcinogenic,
radioactive, mutagenic or teratogenic substances, every employer shall ensure
that such processes are automated or are conducted by use of remote controlled
systems.
(3) Every employer shall issue a permit to work certificate to any person
carrying out maintenance and service of an enclosed system.
(4) A person who contravenes this Rule commits an offence.
12. (1) Every manufacturer or agent of hazardous substances shall supply Material Safety Data
information on the characteristics of such substances as regards to the health Sheet.
effects of the substances on human health.
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[Subsidiary]
(2) Every person who manufactures, imports, sells or supplies any
hazardous substance for use at work shall ensure that the substance is
accompanied by a material safety data sheet containing all the information set
out in schedule 3 to these Rules.
(3) Every employer who uses any hazardous substance at work shall be
in possession of a copy of material safety data sheet for each type of substance
in use at his premises.
(4) Every employer shall make the material safety data sheet available
for inspection at the request of any person interested or affected.
(5) Every employer shall provide full information on the composition
and properties of a product to the Director, when called upon to do so.
(6) A person who contravenes this Rule commits an offence.
Disposal of
hazardous
substances.
13. (1) Every employer shall ensure that the quantity of waste from
hazardous substances in his use are kept at reasonable minimum levels and
that such waste is disposed of in a manner less harmful to human and the
environment, including—
(a) recycling the waste material where applicable;
(b) depositing of hazardous waste substances into containers that
will prevent the likelihood of exposure during handling;
(c) ensuring that all vehicles, re-usable containers and covers
which have been in contact with hazardous waste substances
are cleaned and decontaminated after use in such a way that the
vehicle, containers or covers do not cause a hazard to human and
environment.
(d) ensuring that all employees employed in the collection,
transportation and disposal of harmful waste substances are not
exposed to the harmful waste and are provided with suitable
personal protective equipment;
(e) ensuring that all hazardous waste substances is disposed off only
on specifically designated sites for this purpose.
(2) A person who contravenes this Rule commits an offence.
Labeling of
containers.
14. (1) Every manufacturer or supplier of hazardous substances shall
ensure that the hazardous substance is marked or labeled in a distinctive manner
indicating the nature of their contents, health hazards and instructions for safe
handling of the substance .
(2)Every manufacturer or supplier of a hazardous substance shall ensure
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Occupational Safety and Health
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209
[Subsidiary]
that the chemical or common name used to identify the chemical on the label
shall be the same as that used on the material safety data sheet.
(3) A person who contravenes this Rule commits an offence.
15.(1) It shall be the duty of every employer to inform the workers of
the hazards associated with exposure to chemicals used at the workplace and
every employer shall facilitate the training of his worker on safety by—
(a) instructing the workers how to obtain and use the information
provided on labels and chemical safety data sheets;
(b)using the chemical safety data sheets, along with information
specific to the workplace, as a basis for the preparation of
instructions to workers, which should be written if appropriate;
(2) Every employer shall ensure that workers are trained and certified
by a competent person, on continuing basis in the practices and procedures to
be followed for safety in the use of chemicals at work.
(3)Every employer shall, before any employee is exposed, ensure that
the employee is adequately and comprehensively informed and trained, and
is thereafter informed and trained at intervals as may be recommended by the
health and safety committee or by the Director, with regard to—
(a)the contents and scope of these rules;
(b)the potential source of exposure;
(c)the potential risks to health caused by exposure
(d)the potential detrimental effects of exposure on his or her
reproductive ability;
(e)the measure to be taken by the employers to protect an employee
against any risk from exposure;
(f)the precaution to be taken by an employee to protect himself against
the health risks associated with the exposure, including the wearing
and use of protective clothing and respiratory protective equipment;
(g)the necessary, correct use, maintenance and potential of safety
equipment, facilities and engineering control measures provided;
(h)the necessity of personal air sampling and medical surveillance ;
(i)the importance of good housekeeping at the workplace and personal
hygiene;
(j)the safe working procedures regarding the use, handling, storage
and labeling of the chemical and other hazardous substance at the
workplace; and
Training and
Information.
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(k)procedures to be followed in the event of spillages, leakages or any
similar emergency situation which could take place by accident;
(4) Every employer shall give written instructions to the drivers of
vehicles carrying the hazardous substances, the procedures to be followed in
the event of spillages, leakages or any similar emergency situation which could
take place by accident.
Air monitoring and
Measurement.
16. (1) In every workplace where hazardous substances are used the
employer shall ensure that measurements of the substances in the air are carried
out at least once every twelve months by a certified air quality monitor , in order
to determine the prevailing occupational exposure levels.
(2) The costs in connection with such measurements shall be met by
the employer.
(3) The results of measurement of the substances in the air shall be
recorded and shall specify—
(a) date, time and period of sampling;
(b) nature of work/process evaluated;
(c) number of the workers exposed;
(d)measuring methods including analytical methods;
(e) type of measurements (e.g. dust, fumes, vapor);
(f) results of measurements;
(g) recommendations for remedial measures to be taken; and
(h)name of the person taking the measurements.
(4) Every employer shall keep a copy of the report of the results of
measurements carried out for a period of two years.
(5) An Air Quality Monitor shall submit a signed copy of the report of
the results of measurements to the director within a period of thirty days from
the date of carrying out the measurements.
(6) Where the Air Quality Monitor is of the opinion that occupational
exposure levels pose imminent danger to workers’ health he shall immediately
and not later than 48 hours, inform the Occupational Safety and Health officer
of the area.
Duty of competent
persons.
17.(1) Every Air Quality Monitor shall regularly inspect, calibrate and
maintain equipment for measuring air contaminants.
(2)It shall be the duty of a competent person to carry out biological
Rev. 2010]
Occupational Safety and Health
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211
[Subsidiary]
monitoring with the consent of the employee.
(3) A competent person shall inform employees on the scope of
biological monitoring and on the significance of the results;
18. The director may review and issue guidelines, on how the monitoring Guidelines
on hazardous
of air contaminants shall be carried out.
substances.
19. It shall be the duty of every employee—
(a) not to interfere with or misuse any means, appliance, convenience
or any other thing provided for securing the health, safety or welfare
of him or others at the workplace;
Duty of Employees.
(b) to make use of any means, appliance, convenience or any other
thing provided for securing the health, safety or welfare of himself
or others at the workplace;
(c) not to, without reasonable cause do anything likely to endanger
himself or any other person at the workplace;
(d) to report forthwith to the supervisor or any other person having
authority over him, any situation which he has reason to believe
would present a hazard; and
(e) to report to his supervisor any accident or injury that arises in the
course of or in connection with his work.
19.In every workplace where hazardous substances are in use, the Medical examination.
employer shall ensure that the worker undergoes medical examination in
accordance with the requirements of the Factories and Other Places of Work
(Medical Examination) Rules, 2005.
20.Any person who contravenes or fails to comply with any provision of
these rules shall commit an offence and the provisions of the Act on offences
and penalties shall mutatis mutandis apply.
Offences and
penalties.
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THE FACTORIES AND OTHER PLACES OF WORK (HAZARDOUS SUBSTANCES)
RULES, 2007
SCHEDULE 1
rule5(1)
TABLE 1
OEL-CL: OCCUPATIONAL EXPOSURE LIMITS – CONTROL LIMITS FOR
HAZARDOUS CHEMICAL SUBSTANCES
Substance
Acryl amide
Acrylonitrile
Arsenic & compounds,
except arsine (as As)
*Asbestos (see note)
Benzene
Bis (chloromethyl)
ether (BCME)
Buta-1,3-diene
2-Butoxyethanol
Cadmium &
Cadmium compounds,
except cadmium oxide fume and
Cadmium sulphide
pigments (as Cd)
Cadmium oxide fume
(as Cd)
Cadmium sulphide
pigments (respirable
dust Cd)
Carbon disulphide
Chromium (VI)
compounds (as Cr)
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
ppm
mg/m3
ppm
mg/m3 Notes
CH2=CHCONH2
CH2=CHCN
2
0.3
4
-
-
As
-
0.1
-
-
C 6H 6
CICH2OCH2CI
16
-
-
-
CH2=CHCH=CH2
C4H9OCH2CH2OH
5
0.00
1
10
25
0.005
22
120
-
-
Sk
Cd
-
0.05
-
-
CdO
-
0.05
-
0.05
CdS
CS2
10
0.04
30
-
-
Cr
-
0.05
-
-
Sk
Sk
Sk
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Occupational Safety and Health
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[Subsidiary]
Substance
1,2-Dibromoethane
(ethylene dibromide)
Dichloromethane
2,2’-Dichlor0-4,4’
methylene dianiline
(MbOCA)
2-Ethoxyethanol
2-Ethoxyethyl acetate
Ethylene oxide
Formaldehyde
*Grain dust
Hydrogen cyanide
Isocyanates, all (asNCO)
*Lead and compounds
2-Methoxyethanol
2-Methoxyethyl acetate
Nickel
Nickel, inorganic
compounds (as Ni)
soluble compounds
insoluble compounds
Rubber process dust
Rubber fume
Silica, crystalline
respirable dust
Styrene
1,1,1-Trichloroethane
Trichloroethylene
**Vinyl chloride
Vinylidene chloride
Wood dust (hard wood)
TWA
OEL-CL
SHORT TERM
OEL-CL
ppm
mg/m3
ppm mg/m3 Notes
0.5
100
4
350
-
-
Sk
CH2.(C6H3CINH2)2.
-
0.005
-
-
Sk
C2H5OCH2CH2OH
C2H5OCH2OOCCH3.
CH2CH2O
HCHO
10
10
5
2
-
37
54
10
2.5
10
0.02
2
10
-
2.5
10
0.07
Sk
Sk
CH3OCH2CH2OH
CH3COOCH2CH2O
CH3
Ni
5
5
16
-
-
Sk
Sk
-
24
0.5
-
-
Ni
-
0.1
0.5
-
-
-
8
0.6
-
-
100
350
100
7
10
-
0.4
420
1900
535
40
5
250
450
150
-
1050
2450
802
-
Formula
BrCH2CH2Br
1995
CH2CI2
HCN
Sen
Sk
Sen
Si02
C6H5CH=CH2
CH3CCI3
CCI2=CHCI
CH2=CHCI
CH2=CCI2
Sk
Sen
*Note
(a) The concentration of “respirable dust” shall be determined from the fraction passing a size
selector with an efficiency that will allow—
(a)
100% particles of 1 µm aerodynamic diameter,
(ii) 50% particles of 5 µm aerodynamic diameter,
(iii) 20% particles of 6 µm aerodynamic diameter,
(iv) 0% particles of 7 µm aerodynamic diameter.
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(b)
Asphyxiant substances.
1. Some gases and vapours, when present at high concentration in air, act as simple Asphyxiants
by reducing the oxygen content by dilution to such an extent that life cannot be supported. Many
asphyxiants are odourless, colourless and not readily detectable. Monitoring the oxygen content
of the air is often the best means of ensuring safety. The oxygen content of air in the workplace
should never be allowed to fall below a minimum of 18% by volume under normal atmospheric
pressure. Particular care is necessary when dense asphyxiants e.g. argon are used, since very high
localised concentrations can arise owing to their collecting in pits, confined spaces and other low
lying areas where ventilation is likely to be poor.
2. Many asphyxiants present a fire or explosion risk. The concentration at which these risks can
arise are liable to be well below those levels at which asphyxiation is likely to occur and should
be taken in to account when assessing the hazards.
( c) OEL for asbestos
Amosite 0.5 fiber > 5μm/cc
Chrysolite 2 fibers > 5μm/cc
Crocidolite 0.2 fiber > 55μm/cc
Other forms 2 fiber > 5μm/c
(d) OEL for Lead and its compounds
Lead 0.15 mg/m3
Tetra-ethyl Lead 0.10 mg/m3
**Vinyl chloride is also subject to an overriding annual TWA OEL- CL of
3 ppm.
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TABLE 2
OEL-RL: OCCUPATIONAL EXPOSURE LIMIT – RECOMMENDED LIMIT FOR
HAZARDOUS CHEMICAL SUBSTANCES
Substance
Acetaldehyde
Acetic acid
Acetic anhydride
Acetone
Acetonitrile
o-Acetylsalicylic acid
AcrylaJdehyde (Acrolein)
Acrylic acid
Aldrin (ISO)
Allyl alcohol
Allyl chloride
Allyl 2,3-epoxypropyl
ether
Allyl glycidyl ether
(AGE)
Aluminium alkyl
compounds
*Aluminium metal
total inhalable dust
respirable dust
*Aluminium oxides
total inhalable dust
respirable dust
Aluminium salts, soluble
Aminodimethyl-benzene
2-Aminoethanol
2-Aminopyridine
Ammonia
Ammonium chloride, fume
Ammonium sulphamidate
n-Amyl acetate
sec-Amyl acetate
Formula
CH3=CHO
CH3COOH
(CH3CO)2O
CH3COCH3
CH3CN
CH3COOC6H4CO
OH
CH2=CHCHO
CH2=CHCOOH
C12H8CI6
CH2=CHCH2OH
CH2=CHCH2Cl
CH2=CHCH2OCH
CHCH2O
2
CH2=CHCH2OCH2
CHCH2O
TWA
OEL-CL
SHORT TERM
OEL-CL
1995
Notes
ppm
mg/m3
ppm
mg/m3
100
10
750
40
-
180
25
1780
70
5
150
15
1500
60
-
270
37
20
3560
105
-
0.1
10
2
1
5
0.25
30
0.25
5
3
22
0.3
20
4
2
10
0.8
60
0.75
10
6
44
Sk
Sk
5
22
10
44
Sk
-
2
-
-
-
-
50
15
8
24
20
20
800
Sk
A1
AI2O3AI(OH)3 and
AlOOH
(CH3)2C6H3NH2
NH2CH2CH2OH
NH2C5H4N
NH3
NH4CI
NH2SO3NH4
CH3COOC5HI1
CH3COOCH(CH3)
C3H7
2
3
0.5
25
100
10
5
2
10
8
2
17
10
10
530
10
6
2
35
150
-
-
150
800
Sk
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Substance
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
Notes
ppm
mg/m3
ppm
mg/m3
Boron oxide
Boron tribromide
Boron trifluoride
Bromacil (ISO)
Bromine
Bromine pentafluoride
Bromochloromethane
Bromoethane
Bromoethylene
B2O3
BBr3
BF3
C9H13BrN2O2
Br2
BrF5
CH2BrCl
C2H5Br
CH2=CHBr
1
0.1
0.1
200
200
5
10
10
0.7
0.7
1050
890
20
1
1
2
0.3
0.3
250
250
-
20
10
3
20
2
2
1300
1110
-
Bromoform
CHBr3
0.5
5
-
-
Sk
Bromomethane
CH3Br
5
20
15
60
Sk
CF3Br
C6H5NH2
NH2C6H4OCH3
1000
2
0.1
6100
10
0.5
1200
5
-
7300
20
-
Sk
Sk
Sb
AsH3
0.05
0.5
0.2
-
-
CH3COOC6H4COOH
-
5
5
-
10
-
C8Hl4ClN5
(CH3O)2PSSCH2
(C7H4N3O)
CH2CH2NH
C6H5Cl4
-
10
-
-
-
0.2
10
0.5
0.6
-
1.5
Barium compounds, soluble
(as Ba)
Barium sulphate,
respirable dust
Benomyl (ISO)
Benzenethiol
Benzene- 1,2,4-lricarboxylic
acid 1,2-anhydride
p-Benzoquinone
Ba
-
0.5
-
-
BaSO4
C14H18N4O3
C6H5SH
-
-
0.5
2
10
2
C9H4O5
-
0.04
-
15
-
C9H4O2
0.1
0.4
0.3
1.2
Benzoyl peroxide
Benzyl butyl phthalate
(C6H5CO)2O2
C6H5CH2COOC6H4COOC4H9
C6H5CH2Cl
Be
(C6H5)2
-
5
-
-
1
0.2
5
5
0.002
1.5
0.6
4
C14H9Cl5
-
1
-
3
(OCH2CHCH2)2O
0.1
0.6
-
-
C6H4.(COOCH2CH(C2
H5)-C4H9)2
C16H15Cl3O2
-
5
-
10
-
10
-
-
Bromotrifluoromethane
Aniline
Anisidines. 0- and p-isomers
Antimony & compounds
(as Sb)
Arsine
Asphalt, petroleum
fumes
Aspirin
Atrazine (ISO)
Azinphos-methyl (ISO)
Aziridine
y-BHC (ISO)
Benzyl chloride
Beryllium
Biphenyl
2,2-Bis(p-methoxyphenyl)-1,1,1trichloroethane
Bis(2,3-epoxypropyl) ether
Bis(2-ethylhexyl phthalate)
2,2-Bis(p-melho-xyphenyl)
–1,1,1-trichloroethane
-
Sk
Sk
San
Rev. 2010]
Occupational Safety and Health
No. 15
217
[Subsidiary]
Substance
Bismuth telluride
Bismuth telluride,
seleniumdoped
Borates, (tetra) sodium salts
anhydrous
decahydrate
pentahydrate
Butane
Butan-1-o1
Butan-2-o1
Butan-2-one
trans-But-2-enal
Butyl acetate
see-Butyl acetate
tert-Butyl acetate
Butyl acrelate
n-Butyl alcohol
sec-Butyl alcohol
tert-Butyl alcohol
n-Butylamine
Butyl benzyl phthalate
n-Butyl chloroformate
ButyI-2,3-epoxy-propyl ether
n-Butyl glycidyl ether (BGE)
Butyl lactate
2-sec-Butylphenol
Caesium hydroxide
Calcium carbonate
total inhalable dust
respirable dust
Calcium cyanamide
Calcium hydroxide
Calcium oxide
Calcium silicate
total inhalable dust
respirable dust
Camphor, synthetic
g-Caprolactam
dust
vapour
Captafol(ISO)
Captan(ISO)
Carbaryl (ISO)
Carbuforan (ISO)
Carbon black
Carbon dioxide
Carbon monoxide
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
mg/m3
Notes
ppm
mg/m3
Bi2Te3
-
10
20
Bi2Te3
-
5
10
Na2B4O7
Na2B4O7.10H2O
Na2B4O7.5H2O
C4H10
CH3CH2CH2CH2OH
CH3CH2CHOHCH3
CH3COC2,H5
CH3CH=CHCHO
CH3COO(CH2)3CH3
CH3COOCH(CH3)
CH2CH3
CH3COOC(CH3)3
C7H12O2
CH3CH2CH2CH2OH
CH3CH2CHOHCH3
(CH3)3COH
CH3CH2CH2CH2NH2
C 6H 5C H 2C O O C 6H 4COOC4H9
ClCO2C4H10
C4H9OCH2CHCH2O
C4H9OCH2CHCH2O
C7H14O3
C2H5.(CH3)CHC6H4
OH
CsOH
CaCO3
-
CaNC=N
Ca(OH)2
CaO
C10H16O
NH(CH2)5CO
C10H9Cl4NO2S
C9H9Cl3NO2S
C10H7OCONHCH3
C12H15NO3
C
CO2
CO
ppm
1
5
1
1430
300
590
6
710
950
750
50
150
300
6
200
250
1780
150
450
885
18
950
1190
200
10
100
100
-
950
55
250
1190
50
150
150
5
-
150
450
450
15
-
1
25
25
5
5.6
135
135
25
-
-
5
-
30
2
-
-
-
10
5
0.5
5
2
-
1
-
2
10
5
12
3
18
5
5000
50
1
20
0.1
5
5
0.1
3.5
9000
55
10
15000
300
3
40
15
10
600
100
200
2
150
200
300
300
5
7
27000
330
Sk
Sk
Sk
Sk
Sk
218
No. 15
Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Substance
Carbon tetrabromide
Carbon tetrachloride
Carbonyl chloride
Catechol
Cellulose
total inhalable dust
respirable dust
Cement
total inhalable dust
respirable dust
Chlordane (ISO)
Chlorinated biphenyls (42%
chlorine)
Chlorinated biphenyls (54%
chlorine)
Chlorine
Chlorine dioxide
Chlorine trifluoride
Chloroacetaldehyde
2-Chloroacetophenone
Chloroacetylchloride
Chlorobenzene
Chlorobromomethane
2-Chlorobuta-1,3-diene
Chlorodifluoromethane
1-Chloro-2,3-epoxypropane
Chloroethane
2-Chloroethanol
Chloroethylene
Chloroform
Chloromethane
1-Chloro-4-nitrobenzene
Chloropentafluoroethane
Chloropicrin
p-Chloroprene
3-Chloropropene
Chlorosulphonic acid
a-Chlorotoluene
2-Chlorotoluene
2-Chloro-6-(trichloro-methyl)
pyridine
Chlorpyrifos (ISO)
Chromium
Chromium(lI) compounds
(as Cr)
Chromium(lII) compounds
(as Cr)
Coal dust
respirable dust
Coal tar pitch volatiles
(as cyclohexane solubles)
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
ppm
mg/m3
ppm
mg/m3
Notes
0.1
2
5
1.4
12.6
0.4
20
0.3
-
4
-
Sk
Sk
5
10
-
-
20
-
C10H6Cl8
C12H7Cl3(approx)
-
10
5
0.5
1
-
2
2
C6H2Cl3C6H3Cl2
-
0.5
-
1
Cl2
ClO2
ClF3
ClCH2CHO
C6H5COCH2Cl
ClCH2COCl
C6H5Cl
CH2BrCl
CH2=CClCH=CH2
CHCIF2
0.5
0.1
0.05
0.05
50
200
10
1000
1.5
0.3
0.3
0.2
230
1050
36
3500
1
0.3
0.1
1
-
3
0.9
0.4
3
OCH2CHCH2Cl
C2H5Cl
ClCH2CH2OH
CH2=CHCl+
CHCl3
CH3Cl
CIC6H4NO2
2
1000
7
2
50
-
8
2600
-
5
1250
1
9.8
105
1
100
-
210
2
CClF2CF3
1000
6320
-
-
CCl3NO2
CH2=CClCH=CH2
CH2=CHCH2Cl
HSO3Cl
C6H5CH2Cl
C7H7Cl
C6H3Cl4N
0.1
10
1
1
50
-
0.7
36
3
1
5
250
10
0.3
2
-
2
6
-
-
20
C9H11Cl3NO3PS
Cr
-
0.2
0.5
-
0.6
-
Cr
-
0.5
-
-
Cr
-
0.5
-
-
-
2
-
-
-
0.14
-
-
CBr4
CCl4
COCl2
C6H4.(OH)2
250
-
1300
20
3250
3
-
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Rev. 2010]
Occupational Safety and Health
Substance
Formula
No. 15
TWA OEL-CL
219
SHORT TERM
OEL-CL
ppm
mg/m3
ppm
mg/m3
Cobalt and compounds Co
(as Co)
Copper
Cu
fume
dusts and mists (as Cu)
Cotton dust
Cresols, all isomers
CH3C6H4OH
Cristobalite, respirable
dust
SiO2
Crotonaldehyde
CH3CH=CHCHO
Cryofluorane (INN)
CClF2CClF2
Cumene
C6H5CH(CH3)2
Cyanamide
H2NCN
Cyanides,
except hydrogen
cyanide,
cyanogen & cyanogen
chloride, (as-CN)
Cyanogen
(CN)2
Cyanogen chloride
ClCN
Cychlohexane
C6H12
Cyclohexanol
C6H11OH
Cyclohexanone
C6H10O
Cyclohexene
C6H10
Cyclohexylamine
C6H11NH2
Cyclonite (RDX)
C3H6N6O6
Cyhexatin (ISO)
(C6H11)3SnOH
2,4D (ISO)
C6H3Cl2OCH2COOH
DDM
H2NC6H4CH2C6H4NH2
DDT
C14H9Cl5
DDVP
(CH3O)2POOCH=CCl2
2,4-DES
C8H7Cl2NaO5S
DMDT
C16H15Cl3O2
Derris, commercial
C23H22O6
Diacetone alcohol
CH3COCH2C(CH3)2OH
Dialkyl 79 phthalate
C6H4.(COOC7-9 H15-19)2
-
0.1
-
-
5
0.2
1
0.5
22
-
2
-
2
1000
25
-
6
7000
120
2
5
6
1250
75
-
18
8750
370
-
10
100
50
25
300
10
0.1
0.1
50
-
20
340
200
100
1015
40
1.5
5
10
0.8
1
1
10
10
5
240
5
0.3
300
-
0.6
1030
100
400
0.5
-
3
10
20
4
3
3
20
10
360
-
Dialkyl phthalate
2,2’ -Diaminodiethylamine
4-4’-Diaminodiphenylmethane (DADPM)
1,2-Diaminoethane
Diammonium
peroxodisulphate
(measured as (S2O8)
Diatomaceous earth,
natural respirable dust
Diazinon (ISO)
Diazomethane
Dibenzoyl peroxide
Dibismuth tritelluride
Dibismuth tritelluride,
selenium doped
C6H4.(COOCH2CHCH)2
(NH2CH2CH2)2NH
H2NC6H4CH2C6H4NH2
1
0.1
5
4
0.8
0.5
4
NH2CH2CH2NH2
10
25
-
-
(NH4)2S2O8
-
1
1.5
-
-
C12H21 N2O3PS
CH2=N2
(C6H5CO)2O2
Bi2Te3
0.2
-
0.1
0.4
5
10
-
0.3
20
Bi2Te3
-
5
-
10
75
-
[Subsidiary]
1995
Notes
Sk
Sk
Sk
Sk
Sk
Sk
Sk
220
No. 15
Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Substance
Diborane
Diboron trioxide
Dibrom
1,2-Dibromo-2,2dichloroethyl dimethyl phosphate
Dibromodifluoro-methane
Dibutyl hydrogen phosphate
Di-n-butyl phosphate
Dibutyl phthalate
6,6’ -Di-tert-butyl-4,4’ -thiodim-cresol
Dichloroacetylene
1 ,2-Dichlorobenzene
1 ,4-Dichlorobenzene
Dichlorodifluoro-methane
1,3-Dichloro-5,5dimethylhydantoin
Dichlorodiphenyltrichloroethane
1 , 1-Dichloroethane
1 ,2-Dichloroethane
1 ,1-Dichloroethylene
1,2-Dichloroethylene, cis:trans
isomers 60:40
Dichlorofluoromethane
2,4-Dichlorophenoxyacetic acid
1,3-Dichloropropene, cis and
trans isomers
1,2-Dichlorotetra-fluoroethane
Dichlorvos (ISO)
Dicyclohexyl phthalate
Dicyclopentadiene
Dicyclopenta-dienyliron
Dieldrin (ISO)
Diethanolamine
Diethylamine
2-Diethylaminoethanol
Diethylene glycol
Diethylene triamine
Diethyl ether
Di-(2-ethylhexyl)
phthalate
Diethyl ketone
Diethyl phthalate
Difluorochloromethane
Diglycidyl ether (DGE)
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
Notes
ppm
mg/m3
ppm
mg/m3
B2H6
B2O3
C4H7Br2Cl2O4P
0.1
-
0.1
.10
3
-
20
6
C4H7Br2Cl2O4P
CBr2F2
(n-C4H9O)2.(OH)PO
(n-C4H9O)2.(OH)PO
C6H4.(CO2C4H9)2
C22H30O2S
100
1
1
-
3
860
5
5
5
10
150
2
2
-
6
1290
10
10
10
20
ClC=CCl
C6H4Cl2
C6H4Cl2
CCl2F2
25
1000
150
4950
0.1
50
50
1250
0.4
300
300
6200
C5H6Cl2N2O2
C14H9Cl2
CH3CHCl2
CH2ClCH2Cl
CH2=CCl2
200
10
10
0.2
1
810
40
40
400
15
-
0.4
3
1620
60
-
ClCH=CHCl
CHCl2F
C6H3Cl2OCH2COOH
200
10
-
790
40
10
250
-
1000
20
CHCl=CHCH2Cl
CClF2CClF2
(CH3O)2POO
CH=CCl2
C6H4.(COOC6 H11)2
C10H12
C10H10Fe
C12H8Cl6O
HO(CH2)2NH(CH2)
OH
2
(C2H5)2NH
(C2H5)2NCH2CH2OH
(HOCH2CH2)2O
(NH2CH2CH2)2OH
C2H5OC2H5
C6H4.(COOCH2CH
(C2H5)-C4H9)2
C2H5COC2H5
C6H4.(COOC2H5)2
CHClF2
(OCH2CHCH2)2O
1
1000
5
7000
10
1250
50
8750
Sk
0.1
5
3
1
5
30
10
0.25
15
0.3
-
3
20
0.75
-
Sk
10
10
23
1
400
-
30
50
100
4
1200
5
25
500
-
75
1500
10
200
1000
0.1
700
5
3500
0.6
250
-
875
10
-
Sk
Sk
Sk
Rev. 2010]
Occupational Safety and Health
No. 15
221
[Subsidiary]
Substance
o-Dihydroxybenzene
m-Dihydroxybenzene
p-Dihydroxybenzene
1,2-Dihydroxyethane
particulate
vapour
Diisobutyl ketone
Diisobutyl phthalate
Diisodecyl phthalate
Diisononyl phthalate
Diisooctyl phthalate
Diisopropylamine
Diisoppropyl ether
Di-linear 79 phthalate
Dimethoxymethane
NN-Dimethyl-acetamide
Dimethylamine
NN-Dimethylaniline
1,3-Dimethylbutyt acetate
NN-Dimethyl-ethylamine
Dimethylformamide
2,6-Dimethylheptan-4-one
Dimethyl phthalate
Dimethyl sulphate
Dinitrobenzene, all isomers
Dinitro-o-cresol
2,4-Dinitrotoluene
Dinonyl phthalate
Di-sec-octy1 phthalate
1,4-Dioxane, tech. grade
Dioxathion (ISO)
Diphenyl
Diphenylamine
Diphenyl ether (vapour)
Diphosphorus pentasulphide
Dipotassium
peroxodisulphate measured
as (S2O8.)
Diquat dibromide (ISO)
Disodium disulphite
Disodium peroxodisulphate
(measured as (S2O8)
Disodium tetraborate,
anhydrous
decahydrate
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
Notes
ppm
mg/m3
ppm
mg/m3
5
10
25
20
45
2
10
60
150
20
-
90
4
125
-
5
250
1000
10
10
5
5
5
5
5
20
1050
5
3100
36
18
25
310
1250
20
10
1320
3880
71
50
50
10
10
25
0.1
0.15
-
300
30
30
150
5
0.5
1
0.2
1.5
5
100
15
20
0.1
0.5
-
600
45
60
10
0.5
3
0.6
5
-
100
0.6
-
1
-
5
90
0.2
1.5
10
7
1
-
10
360
4
20
3
K2S2O8
C12H12Br2N2
Na2S2O5
-
1
0.5
5
-
1
-
Na2S2O8
-
1
-
-
Na2B4O7
Na2B4O7.10H2O
1
5
-
-
-
C6H4.(OH)
C6H4.(OH)2
C6H4.(OH)2
CH2OHCH2OH
[(CH3)2CHCH2]2CO
C6H4[COOCH2CH
(CH3)2]2
(C10H21CO2)2C6H4
C6H4.(COOC9H19)2
C6H4.(CO2C8H17)2
(CH3)2CHNHCH(CH3)2
(CH3)2CHOCH(CH3)2
C6H4.(COOC7-9H15-19)2
CH2.(OCH3)2
CH3CON(CH3)2
(CH3)2NH
C6H5N(CH3)2
CH 3CO 2CH(CH 3)CH 2CH(CH3)2
C2H5.(CH3)2N
HCON(CH3)2
[(CH3)2CHCH2]2CO
C6H4.(COOCH3)2
(CH3)2SO4.
C6H4.(NO2)2
CH3C6H2.(OH)(NO2)2
CH3C6H3.(NO2)2
C6H4.(COOC9H19)2
C 6H 4[COOCH 2CH(C 2H 5)C4H9]2
OCH2CH2OCH2CH2
C12H26O6P2S2
(C6H5)2
(C6H5)2NH
C6H5OC6H5
P 2S 5
25
0.2
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
222
No. 15
Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Substance
Formula
TWA OEL-CL
SHORT
TERM
OEL-CL
ppm
mg/m3
ppm
mg/m3
1995
Notes
pentahydrate
Disulfoton (ISO)
Na2B4O7.5H.2O
(C2H2O)2PSCH2CH2SC2H5
-
1
0.1
-
0.3
Disulphur dichloride
Disulphur decafluoride
2,6-Ditertiary-butyl-paracresol
Diuron (ISO)
Divanadium pentaoxide (as V)
total inhalable dust
fume and respirable dust
Divinylbenzene
Emery
total inhalable dust
respirable dust
Endosulfan (ISO)
Endrin (ISO)
Enflurane
EpichJorohydrin
1,2-Epoxy-4-epoxyethylcyclohexane
2,3-Epoxypropyl isopropyl ether
Ethane- 1 ,2-diol
particulate
vapour
Ethanethiol
Ethanol
Ethanolamine
Ether
Ethyl acetate
Ethyl acrylate
Ethyl alcohol
Ethylamine
Ethyl amyl ketone
Ethylbenzene
Ethyl bromide
S2Cl5
S2F10
(C4H9)2CH3C6H2OH
C9H10Cl2N2O
V2O6
0.025
-
0.25
10
10
1
0.075
-
6
0.75
-
C8H4.(CHCH2)2
10
0.5
0.05
50
-
-
C9H6Cl6O3S
C12H8Cl6O
CHFCl-CF2-O-CF2H
OCH2CHCH2Cl
C8H12O2
20
2
10
10
5
0.1
0.1
150
8
60
5
-
0.3
0.3
20
-
50
240
75
360
0.5
1000
3
400
400
5
1000
10
10
60
1
1900
8
1200
1400
20
1900
18
2
500
15
-
125
3
1500
60
--
25
100
200
50
1000
1
75
1
545
1110
345
3250
10
0.5
10
0.2
130
435
890
230
2600
4.4
25
4
40
1.2
15
0.2
60
1.2
Sk
0.2
10
60
1.2
0.2
125
1.2
Sk
Ethyl butyt ketone
Ethyl chloride
Ethyl chloroformate
Ethylene chlorohydrin
Ethylenediamine
Ethylene dibromide
Ethylene dichloride
Ethylene dinitrate
Ethylene glycol
particulate
vapour
Ethylene glycol
dinitrate (EGDN)
C3H7OCH2CHCH2O
CH2OHCH2OH
C2H5SH
C2H5OH
NH2CH2CH2OH
C2H5OC2H5
CH3COOC2H5
CH2=CHCOOC2H5
C2H5OH
C2H5NH2
CH3CH2COHCH2
CH3CHCH2CH3
C6H5C2H5
C2H5Br
CH3CH2COH(CH2)3CH3
C2H5Cl
ClCO2C2H5
ClCH2CH2OH
NH2CH2CH2NH2
BrCH2CH2Br
CH2ClCH2Cl
CH2NO3CH2NO3
CH2OHCH2OH
CH2NO3CH2NO3
3
Sk
Sk
Sk
Sk
Sk
Sk
Rev. 2010]
Occupational Safety and Health
No. 15
223
[Subsidiary]
Substance
Ethylene glycol
monobutyl ether
Ethylene glycol
monoethyl ether
Ethylene glycol
monoethyl ether acetate
Ethylene glycol
monomethyl ether acetate
Ethylene glycol
monomethyl ether
Ethyleneimine
Ethylene oxide
Ethyl ether
Ethyl formate
2-Ethylhexyl
chloroformate
Ethylidene dichloride
Ethyl mercaptan
4-Ethylmorpholine
Ethyl silicate
Fenchlorphos (ISO)
Fernam (ISO)
Ferrocene
Fluoride (as F)
Fluorine
Fluorodichloromethane
Fluorotrichloromethane
Formamide
Formic acid
2-Furaldehyde (Furfural)
Furfuryl alcohol
Germane
Germanium tetrahydride
Glutaraldehyde
Glycerol, mist
Glycerol trinitrate
Glycol monoethyl ether
Graphite
total inhalable dust
respirable dust
Guthion
Gypsum
total inhalable dust
respirable dust
Halothane
y-HCH (ISO)
Hafnium
Heptachlor
n-Heptane
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
ppm
mg/m3
ppm
mg/m3
Notes
C4H9OCH2CH2OH
25
120
-
-
Sk
C2H5OH2CH2OH
10
37
-
-
Sk
C2H5OCH2CH2OOCCH3
10
54
-
-
Sk
CH3COOCH2CH2OCH3
5
24
-
-
Sk
CH3OCH2CH2OH
CH2CH2NH
CH2CH2O
C2H5OC2H5
HCOOC2H5
ClCO2CH2CH(CH2)3
CH3 C2H5
CH3CHCl2
C2H5SH
C6H13NO
Si(OC2H5)4
(CH3O)2PSOC6H2Cl3
[(CH3)2NCSS]3Fe
C10H10Fe
F
F2
CHCl2F
CCl3F
HCONH2
HCOOH
C5H4O2
OCH=CHCH=CCH2OH
GeH4
GeH4
OCH(CH2)3CHO
CH2OHCHOHCH2OH
CH2NO3CHNO3CH2NO3
C2H5OCH2CH2OH
C
5
0.5
5
400
100
1
16
1
10
1200
300
7.9
500
150
-
1500
450
-
Sk
Sk
200
0.5
5
10
-
0.2
10
810
1
23
85
10
10
10
2.5
40
5600
30
9
8
20
0.6
0.6
10
2
37
400
2
20
30
1
1250
30
10
15
0.6
0.6
0.2
0.2
0.2
1620
3
95
255
20
20
1.5
7000
45
40
60
1.8
1.8
0.7
2
2
-
10
5
0.2
0.6
-
10
400
10
5
80
0.5
0.5
0.5
1600
500
1.5
1.5
2
2000
(CH3O)2PSSCH2.(C7H4N3O)
CaSO4.2H2O
CHBrCl-CF3
C6H5Cl6
Hf
C10H5Cl7
C7H16
10
1000
20
5
2
5
0.2
0.2
Sk
Sk
Sk
Sk
Sk
Sk
Sk
224
No. 15
Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Substance
Heptane-2-one
Heptan-3-one
y-Hexachlorocyc1o-hexane
Hexachloroethane
vapour
total inhalable dust
respirable dust
Hexahydro-1,3,5trinilro-1,3,5-triazine
Hexane, all isomers
except
n-Hexane
n-Hexane
1,6 Hexanolactam
dust
vapour
Hexan-2-one
Hexone
Hexylene glycol
Hydrazine
Hydrazoic acid (as vapour)
Hydrogen bromide
Hydrogen chloride
Hydrogenfluoride (as F)
Hydrogen peroxide
Hydrogen selenide (as Se)
Hydrogen sulphide
Hydroquinone
4-Hydroxy-4-methylpentan-2-one
2-Hydroxypropyl acrylate
2,2’-lminodiethanol
Formula
CH3.(CH2)4COCH3
CH3CH2CO(CH2)3CH3
C6H5Cl6
CCl3CCl3
C3H6N6O6
TWA OEL-CL
SHORT TERM
OEL-CL
1995
Notes
ppm
mg/m3
ppm
mg/m3
50
50
-
240
230
0.5
75
-
5
-
50
10
5
1.5
-
345
1.5
3
Sk
3600
C6H14
500
1800
1000
C6H14
NH(CH2)5CO
20
70
-
CH3.(CH2)3COCH3
(CH3)2CHCH2COCH3
5
5
50
1
20
20
205
10
75
(CH3)2COHCH2CHOHCH3
NH2NH2
NH3
HBr
HCl
HF
H2O2
H2Se
H2S
C6H4.(OH)2
CH3COCH2C(CH3)2OH
25
0.1
1
0.05
10
50
125
0.1
1.5
0.2
14
2
240
25
0.1
3
5
3
2
0.5
3
1
3
15
4
-
10
0.6
5
0.01
45
0.1
10
28
5
0.08
1
525
360
240
700
150
205
380
15
0.1
1
10
-
-
CH2CHOOCH2CHOHCH3
HO(CH2,)2,NH
(CH2)2OH
(NH2CH2CH2)2NH
2,2’-lminodi (ethylamine)
C9H8
Indene
Indium & compounds (as In) In
I2
Iodine
CHl3
Iodoform
CH3l
lodomethane
Fe2O3
Iron oxide, fume (a Fe)
FE(CO)5
Iron pentacarbonyl
Fe
Iron salts (as Fe)
CH3COOCH2CH2CH(CH3)2
Isoamyl acetate
(CH3)2CHCH2CH2OH
Isoamyl alcohol
CH3COCH2CH2CH(CH3)2
Isoamyl methyl ketone
CH3COOCH2CH(CH3)2
Isobutyl acetate
(CH3)2CHCH2OH
Isobutyl alcohol
(CH3)2CHCH2COCH3
Isobutyl methyl ketone
CF3-CHCl-O-CHF2
Isoflurane
100
100
50
150
50
50
50
15
75
125
125
75
187
75
75
3
40
300
125
10
7
2.5
3
21
4
360
70
0.3
1
20
56
10
2
655
450
360
875
225
300
-
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Rev. 2010]
Occupational Safety and Health
No. 15
225
[Subsidiary]
Substance
lsooctyl alcohol (mixed
isomers)
Isopentyl acetate
Isophorone
lsophorone diisocyanate (IPDI)
Isopropyl acetate
Isopropyl alcohol
Isopropyl benzene
Isopropyl chlorofonnate
Isopropyl ether
Isopropyl glycidyl ether (IGE)
Ketene
Limestone
total inhalable dust
respirable dust
Lindane
Liquified petroleum gas (LPG)
Lithium hydride
Lithium hydroxide
MbOCA
MDA
MDI
Magnesite
total inhalable dust
respirable dust
Magnesium oxide (as Mg)
fume and respirable dust
respirable dust
Malathion (ISO)
Maleic anhydride
Manganese, fume (as Mn)
Manganese and compounds
(as Mn)
Manganese cyclopentadienyl
tricarbonyl
Manganese tetroxide
Marble
total inhalable dust
respirable dust
Mequinol (INN)
Mercaptoacetic acid
Mercury alkyls (as Hg)
Mercury & compounds, except
mercury alkyls, (as Hg)
Mesityl oxide
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
Notes
ppm
mg/m3
ppm
mg/m3
C8H17OH
50
270
-
-
CH3COOCH2CH2CH(CH3)2
C9H14O
100
125
5
200
500
75
310
655
25
0.07
840
1225
370
1320
CH3COOCH(CH3)2
(CH3)2CHOH
C6H5CH(CH2)2
ClCO2CH(CH3)2
(CH3)2CHOCH(CH3)2
400
25
1
250
525
0.2
980
120
5
1050
C3H7OCH2CHCH2
CH2=CO
50
0.5
240
0.9
75
1.5
360
3
-
10
5
0.5
-
1.9
1000
0.1
1800
0.025
0.005
0.8
1250
0.5
2250
1
4
-
10
5
-
-
0.25
-
5
10
10
1
1
-
10
-
5
0.1
1
-
0.3
-
1
-
10
5
5
5
0.01
-
0.03
15
0.05
60
25
0.15
100
C6H5Cl6
Mixture:
C3H6;C3H8;C4H8;C4H10
LiH
LiOH
CH2.(C6H3ClNH2)2
H2NC6H4CH2C6H4N
H2
San
Sk
Sk
Sk
Sk
MgO
C10H19O6PS2
C4H2O3
Mn
Mn
C5HC5-MN(CO)3
3
-
Sk
Mn3O4
CH3OC6H4OH
C2H4O2S
Hg
CH3COCH=C(CH3)2
Sk
226
No. 15
Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Substance
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
Notes
ppm
mg/m3
ppm
mg/m3
Methacrylic acid
Methacrylonitrile
Methanethiol
Methanol
Methomyl (ISO)
Methoxychlor (ISO)
1-Methoxypropan-2-ol
Methyl acetate
Methyl acrylate
Methylal
Methyl alcohol
Methylamine
Methyl-n-amyl-ketone
N-Methylaniline
Methyl bromide
3-Methylbutan-1-ol
1-Methylbutyl acetate
Methyl-n-butyl ketone
Methyl chloride
Methyl chloroform
Methyl 2-cyanoacrylate
Methylcyclohexane
Methylcyclohexanol
2-Methylcyclcrhexanone
Methylcyclo-pentadienyl
Manganese, tricarbonyl (as Mn)
2-Methyl-4,6-dinitrophenol
4,4’ -Methylenebis-2chloroaniline) (MbOCA)
CH2=C(CH3)COOH
CH2=C(CH3)CN
CH3SH
CH3OH
C5H10N2O2S
C16H15Cl3O2
CH3OCH2CHOHCH3
CH3COOCH3
CH2=CHCOOCH3
CH2.(OCH3)2
CH3OH
CH3NH2
CH3.(CH2)4COCH3
C6H5NHCH3
CH3Br
(CH3)2CHCH2CH2OH
CH3COOCH(CH3)C3H7
CH3.(CH2)3COCH3
CH3Cl
CH3CCl3
CH2=C(CN)COOCH3
C7H14
CH3C6H10OH
CH3CHCO(CH2)3CH2
C5HC5-Mn(CO)3
(CH3)C5H4-Mn(CO)3
CH3C6H2.(OH)(NO2)2
CH2.(C6H3ClNH2)2
20
1
0.5
200
100
200
10
1000
200
10
50
0.5
5
100
5
50
350
2
400
50
50
-
70
3
1
260
2.5
10
360
610
35
3100
260
12
240
2
20
360
20
105
1900
8
1600
235
230
0.1
40
250
300
250
250
15
125
150
100
450
4
500
75
75
-
140
310
1080
760
3880
310
60
450
800
210
2450
16
2000
350
345
0.6
-
0.2
0.005
-
0.6
-
Sk
Sk
Methylene chloride
4,4’ -Methylene-diphenyl
diisocyanate (MDI)
4,4’-Methylenedianiline (MDA)
Methyl ethyl ketone (MEK)
Methyl ethyl ketone
peroxides (MEKP)
Methyl formate
5-Methylheptan-3-one
CH2Cl2
100
-
350
0.02
250
-
780
0.07
Sen
H2NC6H4CH2C6H4NH2
0.1
0.8
0.5
4
CH3COC2H5
C8H16O4 or C8H18O6.
200
590
300
0.2
885
1.5
HCOOCH3
CH3CH2COCH2CH3CHCH2CH3
CH3COCH2CH2CH2.(CH3)2
CH3l
CH3COCH2CH2CH(CH3)2
CH3CHOHCH2CH(CH3)2
(CH3)2CHCH2COCH3
100
25
250
130
150
-
375
-
50
5
50
25
50
0.5
100
240
28
240
100
205
0.02
1
410
75
10
75
40
75
125
360
56
360
160
300
0.07
5-Methylhexan-2-one
Methyl iodide
Methyl isoamyl ketone
Methyl isobutyl carbinol
Methyl isobutyl ketone (MIBK)
Methyl isocyanate
Methyl mercaptan
Methyl methacrylate
CH3SH
CH2=C(CH3)COOCH3
510
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sen
Rev. 2010]
Occupational Safety and Health
No. 15
227
[Subsidiary]
Substance
Methyl parathion
2-Methylpentane-2,4-diol
4-Methylpentan-2-ol
4-Methylpentan-2-one
4-Methylpent-3-and-2-one
4-Methyl-m-phenylene
diisocyanate
2-Methylpropan-1-o1
2-Methylpropan-2-o1
Methyl propyl ketone
1-Methyl-2-pyrrolidone
Methyl silicate
a-Methylstyrene
Methylstyrenes, all isomers
except a-methylstyrene
N-Methyl-N,
2,4,6-tetranitroaniline
Mevinphos (ISO)
Mica
total inhalable dust
respirable dust
Molybdenum compounds
(as Mo)
soluble compounds
insoluble compounds
Monochloroacetic acid
Morpholine
Naled (ISO)
Naphtalene
1,5-Naphtylene diisocyanate
Nickel carbonyl
Nickel, organic compounds
(as Ni)
Nicotine
Nitrapyrin
Nitric acid
Nitric oxide
4-Nitroaniline
Nitrobenzene
Nitromethane
Nitrogen dioxide
Nitrogen monoxide
Nitrogen trifluoride
Nitroglycerine
Nitromethane
1-Nitropropane
2-Nitropropane
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
ppm
mg/m3
ppm
mg/m3
Notes
25
25
50
15
-
0.2
125
100
205
60
0.02
25
40
75
25
0.6
125
160
300
100
0.07
Sk
(CH3)2CHCH2OH
(CH3)3COH
CH3COC3H7
CH3N(CH2)3CO
(CH3O)4Si
C6H5C(CH3)=CH2
CH3C6H4CH=CH2
50
100
200
100
1
100
150
300
700
400
6
480
75
150
250
5
100
150
225
450
875
30
480
720
(NO2)3C6H2N(NO2)CH3
-
1.5
-
3
Sk
C7H13O6P
0.01
0.1
0.03
0.3
Sk
-
10
1
-
-
Ni(CO)4
Ni
0.3
20
10
-
5
10
1
70
3
50
0,02
1
30
15
0.1
-
10
20
105
6
75
0.07
0.24
3
C10H14N2
C6H3CI4N
HNO3
NO
NO2C6H4NH2
C6H5NO2
C2H5NO2
NO2
NO
NF3
CH2NO2CHNO3CH2NO3
CH3NO2
C3H7NO2
CH3CH(NO2)CH3
2
25
1
100
3
25
10
0.2
100
25
10
0.5
10
5
30
6
5
310
5
30
30
2
250
90
36
4
35
2
5
35
15
0.2
150
20
1.5
20
10
45
10
9
45
45
2
375
72
C8H10NO5PS
(CH3)2COHCH2CHOHCH3
CH3CHOHCH2CH(CH3)2
(CH3)2CHCH2COCH3
CH3COCH=C(CH3)2
Sk
Sk
Sen
Mo
ClCH2CO2H
C4H9NO
C4H7Br2Cl2O4P
C10H8
Sk
Sk
Sen
Sk
Sk
Sk
Sk
228
No. 15
Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Substance
Nitrotoluene, all isomers
Nitrous oxide
Octachloronaphtalene
n-Octane
Orthophosphoric acid
Osmium tetraoxide (as Os)
Oxalic acid
Oxalonilrile
2,2’-Oxydiethanol
Ozone
PCBs
Chlorinated biphenyls (42%
chlorine)
Chlorinated biphenyls (54%
chlorine)
Paraffin wax, fume
Paraquat dichloride (ISO)
respirable dust
Parathion (ISO)
Parathion-methyl (ISO)
Pentacarbonyliron (as Fe)
Pentachlorophenol
Pentaerythritol
total inhalable dust
respirable dus1
Pentane, all isomers
Pentan-2-one
Pentan-3-one
Pentyl acetate
Perchloroethylene
Perchloryl fluoride
Phenacy1 chloride
Phenol
p-Phenytenediamine
Phenyl-2,3epoxypropyt ether
Phenytethylene
Phenythydrazine
2-Phenytpropene
Phorate (ISO)
Phosdrin
Phosgene
Phosphine
Phosphorus, yellow
Phosphorus pentachloride
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
ppm
mg/m3
ppm
mg/m3
Notes
CH3C6H4NO2
N2O
C10CI8
CH3.(CH2)6CH3
H3PO4
OsO4
COOHCOOH
(CN)2
(HOCH2CH2)2O
O3
5
100
300
0.0002
10
23
0.1
30
180
0.1
1450
1
0.0002
1
20
100
0.2
10
375
0.0006
0.3
60
0.3
1800
3
0.0006
2
0.6
Sk
C12H7C13 (approx)
-
1
-
2
Sk
C6H2Cl3 C6H3Cl2
-
0.5
-
1
Sk
-
2
-
6
0.01
-
0.1
0.1
0.2
0.08
0.5
-
0.3
0.6
1.5
C5H12
CH3COC3H7
C2H5COC2H5
CH3COOC5H11
CCl=CCl2
ClO3F
C6H5COCH2Cl
C6H5OH
C6H4.(NH2)2
C6H5OCH2CHCH2
600
200
200
100
50
3
0.05
5
1
10
5
1800
700
700
530
335
14
0.3
19
0.1
6
750
250
250
150
150
6
10
-
20
2250
875
875
800
1000
28
38
-
O
C6H5CH=CH2
C6H5NHNH2
C6H5C(CH3)=CH2
C7H17O2PS3
C7H13O6P
COCl2
PH3
P4
PCL5
100
5
0.01
0.1
0.1
420
20
0.05
0.1
0.4
0.1
1
250
10
100
1050
45
480
0.2
0.3
0.4
0.3
-
[CH3.(C5H4N+)2CH3]
(Cl-2)
(C2H5O)2PSOC6H4NO2
C8H10NO5PS
FE(CO)5
C6Cl5OH
C(CH2OH)4
0.03
0.3
-
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Sk
Rev. 2010]
Occupational Safety and Health
No. 15
229
[Subsidiary]
Substance
Phosphorus pentasulphide
Phosphorus trichloride
Phosporyt trichloride
Phthalic anhydride
Picloram (ISO)
Picric acid
Piperazine dihydrochloride
Piperidine
Plas1er of Paris
total inhalable dust
respirable dust
Platinum metal
Platinum salts, soluble (as Pt)
Polychlorinated biphenyls (PCBs)
Polyvinyl chloride (PVC)
total inhalable dust
respirable dust
Portland Cement
total inhalable dust
respirable dust
Potassium hydroxide
Propane-1,2-diol
total (vapour and particulates)
particulates
n-Propanol
Propan-1-o1
Propan-2-o1
Propargyl alcohol
Propionic acid
Propoxur (ISO)
n-Propyl acetate
Propylene dinitrate
Propylene glycol
total (vapour and particulates)
particulates
Propylene glycol dinitrate (PGDN)
Propylene glycol monomethyl ether
Prop-2-yn-1-o1
Pulverised Fuel Ash
total inhalable dus1
respirable dust
Pyrethrins (ISO)
Pyridine
2-Pyridytamine
Pyrocatechol
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
ppm
mg/m3
ppm
mg/m3
0.2
0.2
1
1
1
1.5
1.2
6
10
0.1
5
3.5
0.5
0.6
4
-
3
3
3.6
24
20
0.3
-
-
10
5
5
0.002
-
-
Sen
-
10
5
-
-
Sk
Sk
Sk
Sk
-
10
5
-
-
2
150
200
200
400
1
10
-
470
10
500
500
980
2
30
0.5
250
250
500
3
15
625
625
1225
6
45
2
200
0.2
840
1.2
250
0.2
1050
1.2
Sk
CH2NO3CHNO3CH3
CH3OCH2CHOHCH3
HC=CCH2OH
150
0.2
100
1
470
10
1.2
360
2
0.2
300
3
1.2
1080
6
Sk
Sk
Sk
C5H5N
NH2C5H4N
C6H4.(OH)2
10
5
5
5
0.5
5
15
2
20
10
10
2
-
30
8
-
P 2S 5
PCl3
POCl3
C6H4.(CO)2O
C6H3Cl3N2O2
HOC6H2.(NO2)3
C4H10N2.2HCl
C5H11N
(CaSO4)2.H2O
Pt
Pt
See PCB’s
KOH
CH3CHOHCH2OH
CH3CH2CH2OH
CH3CH2CH2OH
(CH3)2CHOH
HC=CCH2OH
CH3CH2COOH
H 3CNHCOOC 6H 4OCH(CH3)2
CH3COOC3H7
CH2NO3CHNO3CH3
CH3CHOHCH2OH
Notes
Sen
Sk
Sk
Sk
Sk
Sk
Sk
Sk
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Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Substance
Quartz, crystalline
respirable dust
Quinone
RDX
Resorcinol
Rhodium (as Rh),
metal fume and dust
soluble salts
Ronnel
Rosin core solder pyrolysis
products as formaldehyde
Rotenone (ISO)
Rouge
total inhalable dust
respirable dust
Selenium and compounds,
except hydrogen selenide
(asSe)
Silane
Silica, amorphous
total inhalable dust
respirable dust
Silica, fused
respirable dust
Silicon
total inhalable dust
respirable dust
Silicon carbide
total inhalable dust
respirable dust
Silicon tetrahydride
Silver
Silver compounds (as Ag)
Sodium azide
Sodium 2-(2,4-dichloro-phenoxy)
ethyl sulphate
Sodium fluoroacetate
Sodium hydrogen-sulphite
Sodium hydroxide
Sodium metabisulphate
Starch
total inhalable dust
respirable dust
Stibine
Strychnine
Styrene
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
Notes
ppm
mg/m3
ppm
mg/m3
0.1
10
0.4
0.4
1.5
45
0.3
20
1.2
3
90
-
0.1
0.001
10
0.1
-
0.3
0.003
0.3
C23H22O6.
-
5
-
10
Se
-
10
5
0.1
-
-
0.5
0.7
1
1.5
-
6
3
-
-
-
0.1
-
-
-
10
5
-
-
SiH4
Ag
Ag
NaN3
0.5
-
10
5
0.7
0.1
0.01
-
1
-
1.5
0.3
C8H7Cl2NaO5S
CH2FCOONa
NaHSO3
NaOH
Na2S2O5
-
10
0.05
5
5
-
20
0.15
2
-
SbH3
C21H22N2O2
C6H5CH=CH2
0.1
100
10
5
0.5
0.15
420
0.3
250
1.5
0.45
1050
SiO2
C6H4O2
C3H6N6O6
C6H4.(OH)2
Rh
(CH3O)2PSOC6H2Cl3
SiH4
SiO2
Sk
Sen
SiO2
Si
SiC
Sk
Rev. 2010]
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231
[Subsidiary]
Substance
Subtilisins (Proteolytic enzymes
as 100% pure
crystalline enzyme)
Sucrose
Sulfotep (ISO)
Sulphur dioxide
Sulphur hexafluoride
Sulphuric acid
Sulphur monochloride
Sulphur pentachloride
Sulphur tetrafluoride
Sulphuryl difluoride
2.4.5-T (ISO)
TDI
TEDP
TEPP (ISO)
TNT
Talc
total inhalable dust
respirable dust
Tantalum
Tellurium & compounds,
except hydrogen telluride, (as Te)
Terphenyls, all isomers
1,1,2,2-Tetrabromo-ethane
Tetrabromomethane
Tetracarbonylnickel (as Ni)
1,1 ,1 ,2-Tetrachloro-2,2difluoroethane
1,1 ,2,2- Tetrachloro 1 ,2difluoroethane
Tertrachloroethylene
Tetrachloromethane
Tetrachloro- naphthalenes,
all isomers
O,O,O’,O’-Telraethyl
dithiopyrophosphate
O,O,O’,O’-Tetraethyl
pyrophosphate
Tetraethyl orthosilicate
Tetrafluorodichloro-ethane
Tetrahydrofuran
Tetramethyl orthosilicate
Tetramethyl succinonitrile
Tetrasodium pyrophosphate
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
ppm
mg/m3
ppm
mg/m3
0.00006
10
0.2
5
6000
1
0.25
0.4
20
10
0.02
0.2
0.05
0.5
5
1250
1
0.075
0.3
10
0.01
-
0.00006
20
13
7500
6
0.75
1
40
20
0.07
(C2H5)4P2S2O5
(C2H5)4P2O7
CH3C6H2.(NO2)3
2
1000
0.025
0.1
5
0.004
-
Ta
-
10
1
5
-
10
0.5
0.3
0.1
100
5
4
0.24
834
C12H22O11
(C2H5)4P2S2O5
SO2
SF6
H2SO4
S2Cl2
S2F10
SF4
SO2F2
C8H5Cl3O3
0.2
-
1995
Notes
Sk
Sen
Sk
Sk
Sk
Te
C18H14
CHBr2CHBr2
CBr4
Ni(CO)4
CCl3CCIF2
0.5
0.1
100
0.1
7
1.4
834
CCl2FCCl2F
100
834
100
834
CCl=CCl2
CCl4
50
2
335
12.6
150
1000
-
C10H4Cl4
-
2
-
4
(C2H5)4P2S2O5
-
0.2
-
-
Sk
(C2H5)4P2O7
Si(OC2H5)4
CClF2CClF2
(C2H4)2O
(CH3O)4Si
C8H12N2
Na4P2O7
0.004
10
1000
200
1
0.5
-
0.05
85
7000
590
6
3
5
0.01
30
1250
250
5
2
-
0.2
255
8750
735
30
9
-
Sk
Sk
Sk
Sk
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Occupational Safety and Health
[Rev. 2010
[Subsidiary]
Substance
Tetryl
Thallium, soluble compounds
(as Ti)
4,4’- Thiobis(6-tertbutyl-m-cresol)
Thioglycollic acid
Thionyt chloride
Thiram (ISO)
Tin, compounds, inorganic,
except SnH4, (as Sn)
Tin compounds, organic,
except Cyhexatin (ISO), (as Sn)
Titanium dioxide
total inhalable dust
respirable dust
Toluene
Toluene diisocyanate (TDI)
p- Toluenesulphonyt chloride
1,4,7-Tri-(aza)-heptane
Tribromomethane
Tributyt phosphate, all isomers
Tricarbonyt (etacyclopentadienyl) manganese
(asMn)
Tricarbonyl(methylcyclopentadienyl) manganese (as Mn)
Trichloroacetic acid
1,2,4-Trichlorobenzene
1,1,1-Trichlorobis (chlorophenyt)
ethane
1,1,2-Trichloroethane
Trichlorofluoro-methane
Trichloromethane
Trichloronitromethane
2,4,5-Trichlorophenoxyacetic
acid
1,2,3-Trichloropropane
1,1,2-Trichloro- trifluoroethane
Tri-o-cresyl phosphate
Tricydohexyltin hydroxide
Tridymite, respirable dust
Triethylamine
Trifluorobromo-methane
Trimanganese tetraoxide
Trimellitic anhydride
Trimethylamine
Formula
TWA OEL-CL
SHORT TERM
OEL-CL
1995
ppm
mg/m3
ppm
mg/m3
Notes
(NO2)3C6H2N(NO2)CH3
TI
-
1.5
0.1
-
3
-
Sk
Sk
C22H30O2S
-
10
-
20
C2H4O2S
SOCl2
(CH3)2NCS2CS2N(CH3)2
1
-
5
5
1
-
5
10
Sn
Sn
-
2
0.1
-
4
0.2
CH3C6H4SO2Cl
(NH2CH2CH2)2OH
CHBr3
(C4H9)3PO4
50
1
0.5
-
10
5
188
0.2
4
5
5
150
-
560
0.07
5
5
(C5H5)-Mn(CO)3
-
0.1
-
0.3
Sk
(CH3)C5H4-Mn(CO3)
CCI3COOH
C6H3Cl3
C14H9Cl5
1
5
-
0.2
5
40
1
5
-
0.6
40
3
Sk
CH2ClCHCl2
CCl3F
CHCl3
CCl3NO2
10
1000
2
0.1
45
5600
9.8
0.7
20
1250
0.3
90
7000
2
Sk
C8H5Cl3O3
CH2ClCHClCH2Cl
CCl2FCCIF2
(CH3C6H4O)3P=O
(C6H11)3SnOH
SiO2
(C2H5)3N
CF3Br
Mn3O4
C9H4O5
(CH3)3N
50
1000
10
1000
10
10
300
7600
0.1
5
0.4
40
6100
1
0.04
24
75
1250
15
1200
15
20
450
9500
0.3
10
60
7300
36
Sk
TiO2
C6H5CH3
Sk
Sen
Sk
Sk
Sen
Rev. 2010]
Occupational Safety and Health
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[Subsidiary]
Trimethylbenzenes, all isomers or
mixtures
3,5,5- Trimethyl-cydohex-2-enone
Trimethyl phosphite
2,4,6-Trinitrophenol
2,4,6-Trinitrotoluene
Triphenyt phosphate
Tripoli, respirable dust
Tri-o-tolyt phosphate
Tungsten & compounds (as W).
soluble
insoluble
Turpentine
Uranium compounds, natural,
soluble (as U)
Vanadium pentoxide
total inhalable dust
fume and respirable dust
Vinyl acetate
Vinyl benzene
Vinyl bromide
4-Vinytcydohexene dioxide
Vinyl toluenes, all isomers
Warfarin (ISO)
White spirit
Xylene,o-,m-,p- or mixed isomers
Xylidine, all isomers
Yitrium
Zinc chloride, fume
Zinc distearate
total inhalable dust
respirable dust
Zinc oxide, fume
Zirconium compounds (as Zr)
C6H3.(CH3)3
25
123
-
-
C9H14O
(CH3O)3P
HOC6H2.(NO2)3
CH3C6H2.(NO2)3
(C6H5)3PO4
SiO2
(CH3C6H4O)3P=0
W
2
-
10
0.1
0.5
3
0.4
0.1
5
-
25
0.3
6
0.3
100
1
5
560
150
3
10
840
-
0.2
-
0.6
10
100
5
10
-
20
250
100
100
100
2
-
0.5
0.05
30
420
20
60
0.1
575
435
10
1
1
125
150
10
-
60
1050
480
0.3
720
650
50
3
2
-
10
5
5
5
-
20
10
10
C10H16
U
V 2O 5
CH3COOCH=CH2
C6H5CH=CH2
CH2=CHBr
C8H12O2
C6H5C(CH3)=CH2
C19H16O4
C6H4.(CH3)2
(CH3)2C6H3NH2
Y
Zn Cl2
Zn(C18H35O2)2
ZnO
Zr
Sk
Sk
Sk
Sk
* The OEL-RL for aluminium does not include exposure to aluminium coated with mineral oil or
to fume arising from aluminium welding processes.
Abbreviations
1.
2.
3.
4.
5.
6.
7.
OEL-CL: Occupational Exposure Limit-Control Limit.
OEL-RL: Occupational Exposure Limit-Recommended Limit.
ppm:
Parts per million.
mg/m3:
milligrams per cubic metre.
Sk:
Skin absorption.
Sen:
capable of causing respirable sensitisation.
ISO:
International Standards Organization
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Occupational Safety and Health
[Rev. 2010
[Subsidiary]
TABLE 3
BIOLOGICAL EXPOSURE INDICES (BEI)
Chemical Determinant
ANILINE
Total p-aminophenol in urine
Methemoglobin in blood
ARSENIC AND SOLUBLE
COMPOUNDS INCLUDING
ARSINE
Inorganic arsenic metabolites in urine
BENZENE
Total phenol in urine
Benzene in exhaled air:
mixed-exhaled
end-exhaled
CADMIUM
Cadmium in urine
Cadmium in blood
CARBON DISULFIDE
2-Thiothiazolidine-4-carboxylic acid in urine
CARBON MONOXIDE
Carboxyhemaglobin in blood
Carbon monoxide in end-exhaled air
CHLOROBENZENE
Total 4-chlorocatechol in urine
Total p-clorophenol in urine
CHROMIUM (VI),
Water soluble fume
Total chromium in urine
N,N-DIMETHYLFORMAMIDE (DMF)
N-Methylformamide in urine
ETHYL BENZENE
Mandelic acid in urine
Ethyl benzene in end-exhaled air
FLUORIDES
Fluorides in urine
FURFURAL
Total furoic acid in urine
n-HEXANE
2,5-Hexanedione in urine
n-Hexane in end-exhaled air
MERCURY
Total inorganic mercury in urine
Total inorganic mercury in blood
METHEMOGLOBIN INDUCERS
Methemoglobin in blood
METHANOL
Methanol in urine
Formic acid in urine
METHYL CHLOROFORM
Methyl chloroform in end-exhaled air
Trichloroacetic acid in urine
Total trichloroethanol in urine
Sampling Time
Bel
Notation*
End of shift
During or end of shift
50 mg/g creatinine
1.5% of hemoglobin
C
B,C,D
End of workweek
50 μg/g creatinine
B
50 mg/g creatinine
B,C
0.08 ppm
0.12 ppm
D
D
Not critical
Not critical
1 0 μg/g creatinine
1 0 μg/l
B
B
End of shift
5 mg/g creatinine
End of shift
B,C
End of shift
less than 8% of
hemoglobin
less than 40 ppm
End of shift
End of shift
150 mg/g creatinine
25 mg/g creatinine
C
C
10-μg/g creatinine
30- μg/g creatinine
B
B
End of shift
40 mg/g creatinine
B
End of shift at end of
workweek
1.5 g/g creatinine
A
D
Prior to shift
End of shift
3 mg/g creatinine
10 mg/g creatinine
B,C
B,C
End of shift
200 mglg creatinine
B,C
End of shift
5 mg/g creatinine
C
D
End of shift
Prior to next shift
Increase during shift
End of shift at end of
workweek
B,C
35 μg/g creatinine
B
15 μg/l
B
During or end of shift
1.5% of hemoglobin
B,C,D
End of shift
Before shift at end of
workweek
15 mg/l
80 mg/g creatinine
B,C
B,C
Prior to the last shift of
workweek
End of workweek
End of shift at end of
workweek
40 ppm
Prior to shift
End of shift at end of
workweek
10 mg/l
C,D
30 mg/l
C,D
Rev. 2010]
Occupational Safety and Health
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[Subsidiary]
Total trichloroethanol in blood
METHYlETHYlKETONE
MEK in urine
METHYL ISOBUTYL KETONE
MIBK in urine
NITROBENZENE
Total p-nitrophenol in urine
Methemoglobin in urine
ORGANOPHOSPHORUS
CHOLINESTERASE INHIBITORS
Cholinesterase activity in red cells
PARATHION
Total p-nitrophenol in urine
Cholinesterase activity in red cells
PENTACHLOROPHENOL
Total PCP in urine
Free PCP in plasma
PERCHlOROETHYlENE
Perchloroethylene in end-exhaled air
Perchloroethylene in blood
Trichlorocetic acid in urine
PHENOL
Total phenol in urine
STYRENE
Mandelic acid in urine
Phenylglyoxylic acid in urine
Styrene in venous blood
TOLUENE
Hippuric acid in urine
Toluene in venous blood
o-Cresol in urine
TRICHLOROETHYLENE
Trichloroacetic acid in urine
Trichloroacetic acid and
trichloroethanol in urine
Free trichloroethanol in blood
Trichloroethylene in end-exhaled air
XYLENE
Methylhippuric acid in urine
End of shift at end of
workweek
End of shift
1 mg/l
C
2 mg/l
-
End of shift
2mg/l
-
End of shift at end of
workweek
End of shift
5 mg/g creatinine
C
1.5% of hemoglobin
B,C,D
Discretionary
70% of individual’s baseline
B,C,D
End of shift
Discretionary
0.5 mg/g creatinine
70% of individual’s baseline
C,D
B,C,D
Prior to the last shift of
workweek
End of shift
2 mg/g creatinine
B
5 mg/l
B
Prior to the last shift of
workweek
End of workweek
10ppm
1 mg/l
7 mg/l
C,D
End of shift
Prior to next shift
250 mg/g creatinine
B,C
End of shift
Prior to next shift
End of shift
Prior to next shift
End of shift
Prior to next shift
800 mg/g creatine
300 mg/g creatinine
240 mg/g creatinine
100 mg/g creatinine
0.55 mg/l
0.02 mg/l
C
C
B,C
B,C
D
D
End of shift
End of shift
End of shift
2.5 gig creatinine
1 mg/l
1 mg/g creatinine
B,C
D
C
End of workweek
End of shift at end of
workweek
End of shift at end of
workweek
100 mg/g creatinine
C
300 mg/g creatinine
C
4 mg/l
D
C
End of shift
last four hours of shift
1.5 g/g creatinine
2 mg/min
-
*Notations
“A” notation: This notation indicates that an identifiable population group might have an
increased susceptibility to the effect of the chemical, thus leaving it unprotected by the
recommended BEI.
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“B” notation: This notation indicates that the determinant is usually present in a significant
amount in biological specimens collected from subjects who have not been occupationally
exposed. Such background levels are included in the BEI value.
“C” notation: This notation indicates that the determinant is non-specific, since it is observed
after exposure to some other chemicals. These non-specific tests are preferred because they
are easy to use and usually offer a better correlation with exposure than specific tests. In such
instances a BEI for a specific, less quantitative biological determinant is recommended as a
confirmatory test.
“D” notation: This notation indicates that the biological determinant is an indicator of exposure
to the chemical, but the quantitative interpretation of the measurement is ambiguous (semiquantitative). These biological determinants should be used as a screening test if a quantitative
test is not practical or a confirmatory test if the quantitative test is not specific and the origin of
the determinant is in question.
SCHEDULE 2
rule. 5 (3)
Applying occupational exposure limits
1. General
The lists of occupational exposure limits given in Tables 1 and 2 unless otherwise
stated, relate to personal exposure to substances hazardous to health in the air of the
workplace.
2 Units of measurement
(2.1) In occupational exposure limits, concentrations of gases and vapour in air are usually
expressed in parts per million (ppm), a measure of concentration by volume, as well as in
milligrams per cubic meter of air (mg/m3), a measure of concentration by mass.
(2.2) In converting from ppm to mg/m3 a temperature of 25°C and an atmospheric pressure
of 101,325 KPa are used. Concentrations of airborne particles (fume, dust, etc) are usually
expressed in mg/m3. i.e. ppm = 24.45
mg/m3
Molecular of the substance
or
mg/m3 = molecular weight of the substance ppm
24.45
(2.3) In the case of dust, the limits in the tables refer to the total inhalable fraction unless
specifically indicated as referring to the respirable fraction.
(2.4) In the case of a man-made mineral fiber, the limit is expressed as fibers per milliliter of air
(fibres/ml1).
3.
Occupational exposure limits- control limits: OEL-CL (Table I)
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237
[Subsidiary]
(3.1) An OEL-CL is the maximum concentration of an airborne substance, averaged over
a reference period, to which employees may be exposed by inhalation under any
circumstances, and is specified together with the appropriate reference period in Table
1.
(3.2) Rule 5 of these rules, imposes a duty on the employer to take all reasonable precautions
and to exercise all due diligence to ensure that exposure is kept as far below an OEL-CL
as is reasonably practicable.
4 Occupational exposure limits – Recommended limit OEL-RL Table 2
( 4.1)An OEL-RL is the concentration of an airborne substance, averaged over a reference
pe¬riod, at which, according to current knowledge, there is no evidence that it is likely
to be injurious to employees if they are exposed by inhalation, day after day, to that
concentration.
(4.2) For a substance, which has been assigned an OEL-RL, exposure by inhalation should
be reduced to that standard.
(4.3) Control of an OEL-RL as prescribed in Rule 7(1) can always be regarded as
adequate control of that substance for the purposes of these rules, so far as exposure
from inhalation is concerned. However, due to the variations in process control and
the fluctuations in substance concentrations in the workplace, it will be prudent for
employers to reduce exposure below an OEL-RL so as to ensure that the exposure
of all employees does not exceed that OEL-RL. Similarly, it is not intended that the
statutory requirements under Rule 7(1)should discourage the further application of good
occupational hygiene principles in order to reduce exposure below the OEL-RL.
5
Long-term and short-term exposure limits
(5.1) The pattern of effects due to exposure to substances hazardous to health varies
considerably depending on the nature of the substance and the exposure. Some effects
require prolonged or accumulated exposure.
(5.2) The long-term (8-hour time weighted average) exposure limit is intended to control such
effects by restricting the total intake by inhalation over one or more work shifts. Other
effects may be seen after brief exposures, which have occurred once or repeatedly.
(5.3) Short-term limits (usually 15 minute) may be applied to such substances. Where longterm limits also apply, the short-term limits restrict the magnitude of excursion above
the average concentration during longer exposures. For those substances for which no
short-term limit is specified, it is recommended that a figure of three times the long-term
limit be used as a guideline for controlling short-term excursions in exposure.
(5.4) With some other substances, brief exposure may be critical and the exposure limit
necessary to prevent these excursions will also controls any other effects. A separate
long-term limit is not considered necessary in such cases and the short-term limit applies
throughout the shift.
(5.4) Exposure limits are expressed as airborne concentrations averaged over a specified
period of time. The period for the long-term limit is normally eight hours. When a
different period is used, this is stated. The averaging period for the short-term exposure
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[Subsidiary]
limit is normally 15 minutes. Such a limit applies to any 15-minute period throughout
the working shift.
6 Limitations to the application of exposure limits
(6.1) The exposure limits relate to personal exposure with the exception of the annual OELCL for vinyl chloride, which should be recorded as the time weighted average of vinyl
chloride in the atmosphere of a working place over a period of one year. The OEL-RL
for cotton dust is not a personal exposure standard, but a static air standard.
(6.2) The limits cannot readily be extrapolated to evaluate or control non-occupational
exposure, e.g. levels of contamination in the neighborhood dose to an industrial plant.
OELs only apply to persons at work. Employers should also take into account their
duties under the Environmental Management and co-ordination Act (EMCA).
(6.3) The OELs are also only approved for use where the atmospheric pressure is between 85
KPa and 101,325 KPa. This covers the normal range of meteorological variations and
slightly pressurized workplaces such as cleaning rooms, but not the higher pressures
that may be encountered in, for example, tunneling or underwater hyperbaric chambers.
Such situations require special assessments.
(6.4).Occupational exposure limits, as set out in Tables 1 and 2 are intended to be used for
normal working conditions in workplaces. OELs are not, however, designed to deal
with serious accidents or emergencies, particularly where employees may be exposed to
rapidly rising concentrations of gas, as may arise from a major escape due to plant failure.
(6.5) Over and above the employers’ responsibilities to ensure that the requirements of these
rules are met, they also have a clear responsibility to ensure that the plant is designed,
operated and maintained in a way that avoids accidents and emergencies. Where
appropriate, detection, alarm and response measures should be used in order to minimize
the effect of any such unplanned events.
(6.6) To help maintain adequate operational control, employers may find it helpful to select
their own indicators of control when undertaking investigations or corrective action.
7
Pesticides
Substances used as active ingredients in pesticides are listed under their chemical names
and/or their common (ISO) names. These names may sometimes be used as parts of
the names of proprietary pesticide formulations. In all cases the exposure limit applies
to the specific active ingredients and not to the formulation as a whole.
8
Dusts
The general approach necessary to control occupational exposure to dusts is as follows:
(8.1) Not all dusts have been assigned occupational exposure limits but the lack of such
limits should not be taken to imply an absence of hazard. In the absence of a specific
exposure limit for a particular dust, exposure should be adequately controlled.
(8.2) Where there is no indication of the need for a lower value, personal exposure should
be kept below both 10 mg/m3 8-hour time-weighted average total inhalable dust and
5 mg/m3 time weighted average respirable dust. Such, or greater, dust concentrations
should be taken as the substantial concentrations.
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(8.3) A substantial concentration of dust should be taken as a concentration of 10 mg/m3,
8-hour time weighted average, of total inhalable dust or 5 mg/m3, 8-hour time-weighted
average, of respirable dust, where there is no indication of the need for a lower value,
and as such they are referred to as substances hazardous to health.
9.
Total inhalable dust and respirable dust
(9.1) Total inhalable dust approximates to the fraction of airborne material that enters the nose
and mouth during breathing and is therefore available for deposition in the respiratory
tract.
(9.2) Respirable dust approximates to the fraction, which penetrates to the gas exchange
region of the lung.
(9.3) Where dusts contain components, which have their own assigned occupational exposure
limits, all the relevant limits should be complied with.
10
Fume
(10.1) Where a separate OEL has been set for fume; it should normally be applied to solid
particles generated by chemical reactions or condensed from the gaseous state, usually
alter volatilization from melted substances.
(10.2) The generation of fume is often accompanied by a chemical reaction such as
oxidation or thermal breakdown.
11
Absorption through the skin
(11.1)In general, for most substances the main route of entry into the body is by inhalation.
The OELs given in these Rules solely relate to exposure by this route.
(11.2)Certain substances such as phenol, aniline and certain pesticides (marked in the Tables
with an SK notation) have the ability to penetrate the intact skin and thus become
absorbed into the body.
(11.3)Absorption through the skin can result from localized contamination, for example from
a splash on the skin or clothing, or in certain cases from exposure to high atmospheric
concentrations of vapour.
(11.4)Serious effects can result in little or no warning and it is necessary to take special
precautions to prevent skin contact when handling these substances.
(11.5)Where the properties of the substances and the methods of use provide a potential
exposure route via skin absorption; these factors should be taken into account in
determining the adequacy of the control measures.
12
Sensitizers
(12.1) Certain substances may cause sensitization of the respiratory tract if inhaled or skin
contact occurs.
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(12.2) Respiratory sensitizers can cause asthma, rhinitis, or extrinsic allergic alveolitis.
(12.3)
Skin sensitizers cause allergic contact dermatitis. Substances, which cause skin sensitizations, are not necessarily respiratory sensitizers or vice-versa.
(12.4)
Only a proportion of the exposed population will become sensitized, and those who do become sensitized, will not have been identified in advance. Individuals who become sensitized may produce symptoms of ill health after exposure even
to minute concentrations of the sensitizer.
(12.5) Where it is reasonably practicable, exposure to sensitizers should be prevented. Where this cannot be achieved, exposure should be kept as low as is reasonably practicable and activities giving rise to short-term peak concentrations should receive particular attention. As with other substances, the spread of contamination
by sensitizers to other working areas should also be prevented, as far as is reasonably
practicable.
(12.6). The Sen notation (marked in the Tables with a Sen notation) has been assigned only
to those sensitizers that may cause sensitization by inhalation. Remember that other
substances not contained in these Tables can act as respiratory sensitizers.
13. Other factors
Working conditions, which impose additional stress on the body, such as exposure to
ultra-violet radiation, high temperatures, pressures and humidity may increase the toxic
response to a substance. In such cases, specialist advice may be necessary to evaluate
the effects of these factors.
14. Mixed exposures General
(14.1)The majority of OELs listed in Tables 1 and 2 are for single compounds or for substances
containing a common element or radical, e.g. tungsten and compounds, and isocyanides.
A few of the limits relate to substances commonly encountered as complex mixtures or
compounds e.g. white spirit, rubber fume, and welding fume.
(14.2)However, workers are frequently subjected to other mixed exposures involving solids,
liquids, aerosols or gases. These exposures can arise as a result of work with materials
containing a mixture of substances, or from work with several individual substances,
simultaneously or successively, in a work shift.
(14.3)Mixed exposures require careful assessment of their health effects and the appropriateness
of control standards. The following paragraphs provide a brief summary of the advice
on the application of exposure limits in these circumstances. In all cases of doubt,
specialist advice should be sought.
15. Effects of mixed exposures
(15.1)The ways in which the constituent substances of a mixed exposure interact vary
considerably. Some mixed exposures involve substances that act on different body
tissues or organs, or by different toxicological mechanisms, these various effects being
independent of each other.
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(15.2)Other mixtures will include substances that act on the same organs, or by similar
mechanisms, so that the effects reinforce each other and the substances are additive in
their effect. In some cases the overall effect is considerably greater than the sum of the
individual effects and the system is synergistic. This may arise from mutual enhancement
of the effects of the constituents or because one substance po¬tentiates another, causing
it to act in a way which it would not do alone.
16. Assessment and control
(16.1)With all types of mixed exposures, it is essential that assessments be based on the
concentrations of each of the constituents in air to which workers are exposed. Depending
on the nature of the constituents and the circumstances of use, the relative concentrations
of the constituents in air may differ considerably from those in the liquid or solid source
material. The composition of the bulk material should not be relied on for assessment
unless there is good evidence for doing so.
(16.2)Where mixed exposure occurs, the first step is to ensure adequate control of exposure for
each individual substance. However, the nature and amount of the other substances in a
mixture can influence the level to which it is reasonable practicable to reduce exposure
to a substance subject to an OEL-CL.
(16.3)When limits for specific mixtures have been established, they should be used only where
they are applicable, and in addition to any relevant individual limits. They should not be
extended to inappropriate situations. It is then necessary to assess whether further control
is needed to counteract any increased risk from the substances acting in conjunction.
(16.4)Expert assessments for some particular mixed exposures may be available and can be
used as guidelines in similar cases. In other cases, close examination of the toxicological
data will be necessary to determine which of the main types of interaction (if any) are
likely for the particular combination of substances concerned.
(16.5)The various types should be considered in the following order:
16.5.1
Synergistic substances:
Known cases of synergism and potentiation are considerably less common than the
other types of behaviour in mixed exposures. However, they are the most serious in their
effects and require the most strict control. They are also the most difficult to assess and
wherever there is reason to suspect such interaction, specialist advice should be obtained;
16.5.2
Additive substances:
Where there is reason to believe that the effects of the constituents are additive, and
where the exposure limits are based on the same health effects, the mixed exposure
should be assessed by means of the formula
C1/L1+C2/L2+C3/L3…. >1
where C1, C2, etc are the time-weighted average (TWA) concentrations of constituents
in air and L1, L2, etc are the corresponding exposure limits. The use of this formula is
only applicable where the additive substances have been assigned OELs, and L1, L2,
etc. relate to the same reference period in the list of approved OELs. Where the sum
of the C/L fractions does not exceed one, the exposure is considered not to exceed the
OELs. If one of the constituents has been assigned an OEL-CL, then the additive effect
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should be taken into account in deciding the extent to which it is reasonably practicable
to further reduce exposure; and
16.5.3 Independent substances:
Where no synergistic or additive effects are known or considered likely, the constituents
can be regarded as acting independently. It is then sufficient to ensure compliance with
each of the OELs individually.
(16.6)The above steps provide basic protocol for assessment of mixed exposures. It is open
to persons responsible for control of exposure to treat all nonsynergistic systems as
though they were additive. This avoids the need to distinguish additive and independent
systems and can be regarded as the more prudent course, particularly where the toxicity
data are scarce or difficult to assess.
17 Monitoring mixed exposure
(17.1)The number of components of a mixed exposure, for which routine air monitoring is
required, can be reduced if their relative concentrations can be shown to be constant.
(17.2)This involves the selection of a key or marker, which may be one of the constituents,
as a measure of the total contamination. Exposure to the marker is controlled at a level
selected so that exposures to all components will be controlled in accordance with the
criteria in paragraphs 16.5.1 and 16.5.2.
(17.3)However, if one of the components has been assigned an OEL-CL, the level of the
exposure to that substance should always be reduced as far as is reasonably practicable.
(17.4)If this approach is to be used, it should take place under the guidance of suitable
specialist advice.
(17.5) Rule 16 imposes a duty on the employer to monitor the exposure of employees
substances hazard¬ous to health.
18
to
Complicating factors
18.1. Several factors that complicate the as¬sessment and control of exposure to individual
substances will also affect cases of mixed expo¬sures and will require similar special
consideration. Such factors include—
18.1.1 exposure to a substance for which there is no established limit or for which an OELCL has been set;
18.1.2 the relevance of factors such as alcohol, medication, smoking and additional stresses;
18.1.3 exposure of the skin to one or more substances that can be absorbed by this route, as
well as by inhalation; and
18.1.4 substances in mixture may mutually affect the extent of their absorption, as well as
their health effects, at a given level of exposure.
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SCHEDULE 3
MATERIAL SAFETY DATA SHEET
MATERIAL SAFETY DATA SHEET
No:
Date issued:
Manufacturer/ Supplier Details
Name:
Address:
Emergency telephone no.:
Telex:
Tel:
1.
Fax:
Material identification:
Trade name:
Chemical family:
Chemical name:
Synonyms:
2.
Composition:
Hazardous components:
3.
Hazards Identification:
Main hazard:
Flammability:
Chemical hazard:
Biological hazard:
Reproductive hazard:
Eye effects: eyes
Health effects - skin:
Health effects - ingestion:
Health effects - inhalation:
Carcinogenicity:
Mutagenicity:
Neurotoxicity:
4.
First-aid Measures:
Material if in eye:
Material if on skin:
Material if ingested:
Material if inhaled:
5.
Fire-fighting Measures:
Extinguishing media:
Special hazards:
Protective clothing:
6.
Accidental Release Measures:
Personal precautions:
Environmental precautions:
Spills:
7.
Handling and Storage:
Handling/storage precautions:
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8.
ExposureControls /PersonalProtection:
Occupational exposure limits:
Engineering control measures:
Personal protection - respiratory:
Personal protection - hand:
Personal protection - eye:
Personal protection - skin:
Other protection:
9.
Physical and Chemical Properties:
Appearance:
Odour:
PH:
Boiling point:
Melting point:
Flash point:
Flammability:
Autoflammability:
Explosive properties:
Oxidizing properties:
Vapour pressure:
Density:
Solubility - water:
Solubility - solvent:
Solubility - coefficient:
Neurotoxicity:
10.
Stability and Reactivity:
Conditions to avoid:
Incompatible materials:
Hazardous decomposition products:
11.
Toxicological information:
Acute toxicity:
Skin and eye contact:
Chronic toxicity:
Carcinogenicity:
Mutagenicity:
Neurotoxicity:
Reproductive hazards:
12
Disposal Considerations:
Disposal methods:
Disposal of packaging:
13.
Other Information:
[Rev. 2010